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BOE Policy 2019-2 Amended May 23, 2024 <br /> May 23, 2024 <br /> page 2 <br /> settlement including appropriate terms as determined by the Board using the Stipulated <br /> Settlement Guide as a guide. <br /> For reporting violations (i.e., late reports, or failure to submit/withheld reports) and failure to <br /> provide advance notification violations (failure to provide advance notice of starting work as <br /> required by permit or variance condition), Staff will offer a stipulated settlement to the person <br /> accused of the violation pursuant to the Stipulated Settlement Guide without prior Board <br /> direction. Staff, however, may ask for specific direction from the Board on these violations. <br /> The Stipulated Settlement Guide will be used by the Board and Staff to provide a basis for offering <br /> terms of a stipulated settlement. As described in the Stipulated Settlement Guide, repeat <br /> violations of a statute or Board rule within a four-year period based on the date of settlement or <br /> order of the Board following a hearing will result in increased penalties for subsequent violations. <br /> The penalties described in the Stipulated Settlement Guide are to be used as guidelines only, and <br /> the Board or Staff may choose to offer settlement terms other than those described in the <br /> Stipulated Settlement Guide depending on the specific facts of a particular allegation. The <br /> Stipulated Settlement Guide is not meant to address every potential violation. As directed by the <br /> Board, or as part of the negotiated settlement offered by Staff, the stipulated settlement offer <br /> may also include required remedial actions to correct deficiencies in well construction, including <br /> repair or abandonment of the well or non-destructive investigations. <br /> Although acceptance of a stipulated settlement by the person accused of the violation is a final <br /> resolution of the particular alleged violations, it does not preclude the Board from taking further <br /> actions on any other violation of statute or Board rules not specifically described in the stipulated <br /> settlement. The person accused of the violation is not required to accept the terms of the <br /> stipulated settlement offer, and is entitled to a hearing before the Board on the allegations if the <br /> stipulated settlement offer is rejected. If any allegation proceeds to a hearing before the Board <br /> and the Board determines that a violation has occurred, the Board may impose fines different <br /> from those offered in the stipulated settlement or outlined in the Stipulated Settlement Guide. <br /> An offer of stipulated settlement is not required, and some violations may warrant the initiation <br /> of a hearing on the allegation (particularly when revocation or suspension of a license may be <br /> appropriate), civil actions in the district courts, or criminal sanctions. <br /> Approval <br /> This policy can only be modified or revoked in writing by the Board of Examiners of Water Well <br /> Construction and Pump Installation Contractors. <br /> Approved <br /> May 23, 2024 <br /> Christoper J. Sanchez, P.G. <br /> Chairperson <br /> Board of Examiners of Water Well Construction <br /> and Pump Installation Contractors <br />