19 CSR 30-70.190 - Renewal of Lead Occupation Licenses

PURPOSE: This rule provides the requirements for renewal licensure of lead inspector, risk assessor, lead abatement worker, lead abatement supervisor and project designer.

(1) Renewal Application for Lead Inspector, Risk Assessor, Lead Abatement Worker, Lead Abatement Supervisor and Project Designer Licenses.

(A) A completed application for renewal of license, including required supporting documentation, shall be submitted to the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102-0570, at least sixty (60) days prior to the license expiration date indicated on the license. Failure of the licensee to submit an application at least sixty (60) days prior to the current license's expiration date may result in the license not being renewed before the current license expires.

(B) The licensee applying for license renewal shall complete the eight (8)-hour Office of Lead Licensing Accreditation (OLLA)- or Environmental Protection Agency (EPA)-accredited refresher training course for the appropriate occupation.

(C) The renewal application shall include the following:

1. A completed lead occupation renewal license application form provided by OLLA which shall include:

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

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

C. The licensee's Social Security number;

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

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

F. The license occupation the licensee wishes to have renewed;

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

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

2. A copy of the OLLA- or EPA-accredited refresher training course completion certificate for the appropriate occupation;

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

4. A check or money order made payable to the Missouri Department of Health for the nonrefundable fee of fifty dollars ($50).

(2) Procedure for Issuance or Denial of a Renewal License.

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

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

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

B. Failure to submit the information requested in the written notice to OLLA in writing shall result in OLLA's denial of the licensee's renewal application for the appropriate occupation.

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

2. When a renewal application for a lead license is denied, the written notice of denial to the applicant will specify the reasons for the denial. OLLA may deny a renewal license for any one (1) or any combination of the following reasons:

A. Type and amount of training;

B. False or misleading statements in the application;

C. Failure to submit a complete application;

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

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

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

G. 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;

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

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

J. 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

K. 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 a renewal application is denied, the applicant may reapply to OLLA by submitting a completed lead occupation license renewal application form and another nonrefundable renewal fee of fifty dollars ($50).

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

(B) After notice of complete renewal application, OLLA will issue a two (2) year license certificate and photo identification badge.

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

Notes

19 CSR 30-70.190

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.