Sec. 3.
(a) A person
seeking an initial asbestos license from the department as an inspector,
management planner, project designer, project supervisor, or worker shall
complete the following:
(1) Submit a completed
application:
(A) in writing on forms provided
by the department; or
(B) through
the asbestos online licensing program.
(2) Provide a copy of all certificates of
training for approved initial and, if applicable, refresher training courses
indicating:
(A) the courses were successfully
completed; and
(B) passing scores
were obtained on all written examinations.
(3) Pay the license application fee specified
in section 7 of this rule.
(b) A person seeking an initial asbestos
license from the department as an asbestos abatement contractor shall complete
the following:
(1) Submit a completed
application in writing on forms provided by the department.
(2) Provide a statement that the person has
read and understands this rule, 40 CFR 763, Subpart E*, and 326 IAC
14-10.
(3) Provide a copy of all
required certificates of training indicating the person, or the asbestos
abatement contractor's designated employee:
(A) successfully completed the approved
initial and any requisite refresher training courses for project supervisor or
asbestos abatement contractor; and
(B) received passing scores on all written
examinations for the courses.
(4) Provide a complete list of prior
contracts for the previous twelve (12) months for asbestos projects, including
names, addresses, electronic mail addresses, and telephone numbers of persons
for whom projects were performed.
(5) Provide an up-to-date copy of the
asbestos abatement contractor's written standard operating procedures, which
include current compliance procedures, for the following regulatory programs:
(A) 326 IAC 14-2.
(B) 326 IAC 14-10.
(C) This rule.
(D)
329 IAC
10-8.2-4.
(E)
29 CFR
1926.1101 *.
(F)
29 CFR
1910.134 *.
(6) Provide a description of any asbestos
projects that the asbestos abatement contractor conducted that were prematurely
terminated or not completed, including the circumstances surrounding the
termination.
(7) Provide a list of
any contractual penalties that the asbestos abatement contractor has paid for
noncompliance with contract specifications.
(8) Provide copies of all warning letters,
notices, and orders issued by the commissioner, agreed orders, citations,
notices of violation, or findings of violation, levied against the asbestos
abatement contractor by any federal, state, or local governmental agency for
violations of regulations or other laws pertaining to asbestos activities,
including:
(A) the names and locations of the
projects;
(B) the dates of the
projects; and
(C) a description of
how the allegations were resolved.
(9) Provide a description detailing all:
(A) legal proceedings;
(B) lawsuits;
(C) warning letters from the commissioner;
or
(D) claims; that have been filed
or levied against the asbestos abatement contractor or any past or present
employees while employed by the asbestos abatement contractor, for
asbestos-related activities.
(10) Provide documentation of the asbestos
abatement contractor's financial responsibility with a current certificate of
insurance documenting that the asbestos abatement contractor carries asbestos
liability insurance in the amount of at least five hundred thousand dollars
($500,000) for the implementation of asbestos projects from a company
recognized or licensed by the Indiana department of insurance to provide
asbestos coverage.
(11) Pay the
license application fee specified in section 7 of this rule.
(c) The department shall review
and process an application for an asbestos license as follows:
(1) The department shall not process
applications on a walk-in basis or process applications over the
telephone.
(2) The department shall
determine if the information on the application is complete and, if not, the
applicant must submit the missing information requested by the department
within one (1) year of the department's receipt of the application or the
application expires and the fee is not transferable or refundable.
(3) The department shall make a determination
on the eligibility of the applicant.
(4) In addition to the requirements of
subsections (a)(2) and (b)(3), the department may require an applicant or a
designated employee of an asbestos abatement contractor, in the case of
subsection (b)(3), to take an examination administered by the department as
follows:
(A) The examination must cover only
the discipline for which the applicant is seeking a license.
(B) The department shall deny the application
if the applicant does not receive a passing score of at least seventy percent
(70%) correct answers.
(C) If the
department denies the application, the certificate of training is invalid, and
the applicant must retake and pass the initial training course for the
discipline for which the applicant is seeking a license.
(5) The department may deny an application
for an asbestos license based on:
(A) the
criteria listed in section 5 of this rule, as applicable; or
(B) failure to comply with any other
provision of this rule.
(6) The department shall issue an asbestos
license to a person who fulfills the requirements established by this rule via
the United States Postal Service to the address listed on the
application.
(d) An
asbestos license is valid for one (1) year from the date of issuance.
(e) A person holding an asbestos license
shall notify the department within thirty (30) working days of any change in
contact information on the application via:
(1) United States Postal Service;
(2) commercial delivery service;
(3) electronic submission;
(4) facsimile; or
(5) hand delivery.
*These documents are incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.