19 CSR 30-70.120 - General

PURPOSE: This rule outlines specific responsibilities that apply to all applicants of a lead occupation license and all licensed individuals.

(1) Waiver. Applicants for licensure and/or licensees may authorize others, such as their employer, to act on their behalf regarding their license application. Such authorization shall be indicated on the application form provided by the Office of Lead Licensing and Accreditation (OLLA). If at any time the applicant and/or licensee decides to change this authorization, the applicant and/or the licensee shall notify OLLA in writing of such change.

(2) Change of Address. Licensed individuals shall notify OLLA in writing of a change of mailing address no later than thirty (30) days following the change. Licensed contractors shall notify OLLA in writing of a change of business address no later than thirty (30) days following the change. Until a change of address is received, all correspondence will be mailed to the individual's mailing address and the contractor's business address indicated on the most recent application form.

(3) Reciprocity. OLLA may issue a lead occupation license to any person or entity who has made application and provided proof of certification or licensure from another state, provided that OLLA has entered into a reciprocity agreement with that state, and the necessary fees have been paid.

(4) Suspension, Revocation or Restriction of a Lead Occupation License.

(A) OLLA may restrict, suspend or revoke a license issued under sections 701.300 through 701.338, RSMo, for any one or any combination of the following causes:

1. Providing any false information in the application;

2. Violations of 29 CFR part 1926.62 or 29 CFR part 1926.59;

3. History of citations or violations of existing lead abatement regulations or standards;

4. Fraud or failure to disclose facts relevant to his or her application and/or license;

5. Performing work requiring licensure at the job site without having proof of licensure;

6. Conviction of a felony under any state or federal law or having entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any state or of the United States;

7. Permitting the duplication or use of the individual's own training certificate, license, or license identification by another;

8. Performing work requiring licensure at a job site without being licensed;

9. Failure to comply with any state or federal law or regulation, including, but not limited to, any part of sections 701.300 through 701.338, RSMo, or any rules promulgated pursuant to these sections;

10. Other information which may affect the licensee's ability to appropriately perform lead-bearing substance activities; or

11. Final disciplinary action against a licensee by another state, territory, federal agency or country, whether or not voluntarily agreed to by the licensee, including, but not limited to, the denial of licensure, surrender of the license, allowing the license to expire or lapse, or discontinuing or restricting the license while subject to investigation or while actually under investigation by another state, territory, or federal agency or country.

(B) Prior to restricting, suspending, or revoking a license, the licensee will be given written notice of the reasons for the suspension, revocation and/or restriction. The licensee may appeal the determination of OLLA by requesting a hearing before the Administrative Hearing Commission as provided by section 621.045, RSMo.

(5) Replacement Fee. A fifteen dollar ($15)-fee will be assessed for duplicate and/or replacement license certificates or identification badges.

Notes

19 CSR 30-70.120

AUTHORITY: sections 701.301, 701.312 and 701.316, RSMo Supp. 1998.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000.

*Original authority: 701.301, RSMo 1998; 701.312, RSMo 1993, amended 1998; and 701.316, RSMo 1993, amended 1998.