19 CSR 30-70.160 - Application Process and Requirements for the Licensure of Lead Abatement Supervisors

PURPOSE: This rule provides the requirements to be licensed as a lead abatement supervisor.

(1) Application for a Lead Abatement Supervisor License.

(A) An applicant for a lead abatement supervisor license must submit a completed application to the Office of Lead Licensing and Accreditation (OLLA) prior to consideration for license issuance. All applications for licensure must be received by OLLA at least thirty (30) days prior to the date of the state lead examination; provided, however, OLLA may waive the time for the filing of applications as particular circumstances justify. Completed applications shall be mailed to the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102-0570.

(B) The application shall include the following:

1. Completed lead occupation license application form provided by OLLA which shall include:

A. The applicant's full legal name, home address, and telephone number;

B. The name, address, and telephone number of the applicant's current employer;

C. The applicant's Social Security number;

D. The county or counties in which the applicant is employed;

E. The location where the applicant would like to receive correspondence regarding his or her application or license;

F. The occupation the applicant wishes to be licensed for;

G. Type of training completed, including name of training provider, certificate identification number and dates of course completion;

H. Licensure for lead occupations in other states, including name of other states, type of license, license expiration date, and license number, and copies of other states' license/certificate;

I. Certification by the Environmental Protection Agency (EPA), including E PA region number, type of certification, certification expiration date, certification number, and a copy of the E PA certificate;

J. Employment history which meets the experience requirements in paragraph (3)(B)1. of this regulation; and

K. Signature of the applicant which certifies that all information in the application is complete and true to the best of the applicant's knowledge and that the applicant will comply with applicable state statutes and regulations;

2. A copy of the OLLA- or EPA-accredited lead abatement supervisor training program completion certificate, and any required refresher completion certificates;

3. Two (2) recent passport-size color photographs of the applicant's face without a hat or sunglasses (computer generated or photocopied photographs are not acceptable);

4. Documentation pursuant to paragraph (3)(B)2. of this regulation as evidence of meeting the experience requirements for lead abatement supervisors; and

5. A check or money order made payable to the Missouri Department of Health for the nonrefundable fee of one hundred dollars ($100).

(C) An applicant for a lead abatement supervisor license shall apply to OLLA within one (1) year of the applicant's successful completion of an OLLA- or EPA-accredited lead abatement supervisor training course, as indicated on the certificate of completion. Applicants failing to apply within one (1) year from the date on the training program completion certificate shall, before making application for license, successfully complete the eight (8)-hour lead abatement supervisor refresher training course accredited by OLLA or the EPA.

(D) Applicants failing to apply within three (3) years of completing the lead abatement supervisor training and who have not successfully completed annual refresher training, shall successfully complete the OLLA-or EPA-accredited lead abatement supervisor training course again before submitting application for a lead abatement supervisor license.

(2) Application for a Lead Abatement Supervisor License Under Reciprocity.

(A) An applicant for a Lead Abatement Supervisor license by reciprocity must submit a completed application to OLLA prior to consideration for license issuance. Completed applications shall be mailed to the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102-0570.

(B) The application shall include the following:

1. Completed lead occupation license application form provided by OLLA which shall include:

A. The applicant's full legal name, home address, and telephone number;

B. The name, address, and telephone number of the applicant's current employer;

C. The applicant's Social Security number;

D. The location where the applicant would like to receive correspondence regarding his or her application or license;

E. The occupation the applicant wishes to be licensed for;

F. Licensure for lead occupations in other states, including name of other states, type of license, license expiration date, and license number, and copies of other states' license/certificate;

G. Certification by the EPA, including E PA region number, type of certification, certification expiration date, certification number, and a copy of the E PA certificate; and

H. Signature of the applicant which certifies that all information in the application is complete and true to the best of the applicant's knowledge and that the applicant will comply with applicable state statutes and regulations;

2. Two (2) recent passport-size color photographs of the applicant's face without a hat or sunglasses (computer generated or photocopied photographs are not acceptable); and

3. A check or money order made payable to the Missouri Department of Health for the nonrefundable fee of one hundred dollars ($100).

(3) Training and Experience Requirements for Lead Abatement Supervisor License.

(A) An applicant for a license as a lead abatement supervisor shall complete an OLLA- or EPA-accredited lead abatement supervisor training program (see 19 CSR 30-70.360 ) and pass the course examination with a score of seventy percent (70%) or more.

(B) An applicant for a license as a lead abatement supervisor shall meet minimum experience requirements for a licensed lead abatement supervisor.

1. The minimum experience requirements for a licensed lead abatement supervisor licensure includes at least one (1) of the following:

A. At least one (1) year of experience as a licensed lead abatement worker (by Missouri, EPA or EPA-approved state);

B. At least two (2) years of experience in asbestos abatement work or as a construction manager or superintendent; or

C. At least two (2) years of experience as a manager for environmental hazard remediation projects.

2. The following documents shall be recognized by OLLA as evidence of meeting the requirements listed in subsection (3)(B) of this regulation:

A. Resumes, letters of reference, or documentation of work experience, which includes dates (month and year) of employment, employer's name, address and telephone number, and specific job duties, as evidence of meeting the work experience requirements;

B. Course completion certificates issued by the OLLA- or EPA-accredited training program as evidence of meeting the training requirements; and

C. A copy of the lead abatement worker certificate or identification badge as evidence of having been a licensed lead abatement worker.

(4) Procedure for Issuance or Denial of Lead Abatement Supervisor License.

(A) OLLA will inform the applicant in writing that the application is either approved, incomplete, or denied.

1. If an application is incomplete, the notice will include a list of additional information or documentation required to complete the application.

A. Within thirty (30) calendar days after the issuance date of the notice of incomplete application, the applicant shall submit to OLLA in writing, the information requested in the written notice.

B. Failure to submit the information requested in the written notice shall result in OLLA's denial of the applicant's application for a lead abatement supervisor license.

C. After receipt of the information requested in the written notice, OLLA will inform the applicant in writing that the application is either approved or denied.

2. When an application for a lead abatement supervisor license is denied, the written notice of denial to the applicant will specify the reasons for the denial. OLLA may deny a lead abatement supervisor license for any one or any combination of the following reasons:

A. Failure to satisfy the experience requirements;

B. Type and amount of training;

C. False or misleading statements in the application;

D. Failure to achieve a passing score on the state examination after three (3) attempts;

E. Failure to submit a complete application;

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

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

H. Fraud or failure to disclose facts relevant to his or her application;

I. 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;

J. Permitting the duplication or use by another of the individual's training certificate;

K. Other information which may affect the applicant's ability to appropriately supervise lead abatement work;

L. 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; or

M. 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.

3. If an application is denied, the applicant may reapply to OLLA by submitting a complete lead occupation license application form and another nonrefundable fee of one hundred dollars ($100).

4. If an applicant is aggrieved by a determination to deny licensure, the applicant may appeal OLLA's denial to the Administrative Hearing Commission as provided by section 621.045, RSMo.

(B) Within one hundred and eighty (180) calendar days after the issuance date of application approval, the applicant shall attain a passing score on the state lead abatement supervisor examination.

1. An applicant cannot sit for the state lead abatement supervisor examination more than three (3) times within one hundred and eighty (180) calendar days from the date of issuance of the notice of an approved application.

2. The applicant's failure to attain a passing score on the state lead abatement supervisor exam within the one hundred eighty (180)-day period following the notice of an approved application for a license shall result in OLLA's denial of the applicant's application for license. The individual may reapply to OLLA pursuant to this regulation but only after retaking an OLLA- or EPA-accredited lead abatement supervisor training course.

(C) After the applicant passes the state lead abatement supervisor examination, OLLA will issue a two (2) year lead abatement supervisor license certificate and photo identification badge.

(D) Restricted licenses may be issued pursuant to an agreement between the applicant or licensee and OLLA.

Notes

19 CSR 30-70.160

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.