SECTION 76.28. Standards of Conduct- Apprentice and Supervising Licensee

(a) A registered driller or pump installer apprentice may only accept bids in the name of the supervising licensee, or perform or offer to perform well construction under the Code or this Chapter that the supervising licensee authorizes in writing pursuant to the apprentice program.

(b) A supervising licensee shall determine the manner and type of supervision for every apprentice under his supervision.

(c) A supervising licensee is ultimately responsible for the drilling of a well or installation of a pump according to the Code and this Chapter. The licensee shall supervise the drilling activities of an apprentice, pursuant to the Code, this Chapter and the written apprentice program developed by the licensee.

(d) A registered driller or pump installer apprentice may not act or offer to act as a driller or pump installer except under the authority of a licensed driller or pump installer and according to the supervising driller or pump installer's direction.

(e) A registered apprentice who is not currently participating in an apprentice program, may assist a licensed driller or installer as an unlicensed assistant, under direct supervision pursuant to §76.26 of this title.

(f) A driller or pump installer apprentice must have the registration issued by the department in his possession at all times and must present the registration upon request.

(g) A complaint alleging a violation of this Chapter and the Code involving a person performing work as an apprentice, may be opened against both, the apprentice and the supervising licensee for failing to properly supervise the apprentice.

(h) A licensed driller or installer shall notify the department in writing within 10 days of the termination of a registered apprentice.

Source Note: The provisions of this §76.28 adopted to be effective January 1, 2016, 40 TexReg 8756