Current through March 20, 2024
Authority: IC 16-41-39.8-6
Affected: IC 4-21.5; IC 16-41-39.8
Sec. 8.
(a) The
department may, under IC 4-21.5, deny an application for a license, reprimand a
license, or suspend or revoke a license for any of the following reasons:
(1) Violating any requirement of the
following:
(A) This title.
(B)
40 CFR
745 (Lead; Requirements for Lead-Based Paint
Activities in Target Housing and Child-Occupied Facilities)*.
(C) IC 16-41-39.8.
(D) Any federal, state, or local lead-based
paint regulations.
(2)
Falsifying information on an application for a lead-based paint license,
including, but not limited to, approval records, instructor qualifications, or
other approval information.
(3)
Violating or failing to meet any requirement specified in this
article.
(4) Conducting a
lead-based paint project, or related activity, in a manner that is hazardous to
the public health.
(5) Performing
work requiring a lead paint license at a job site without being in physical
possession of initial and current certificates of training or
license.
(6) Permitting the
duplication or use of one's own lead-based paint license by another
person.
(7) Performing work for
which a lead-based paint license has not been received.
(8) Obtaining training from a training course
provider who does not have the approval to offer training for the particular
discipline for which the license was received.
(9) Obtaining training documentation through
fraudulent means.
(10) Gaining
admission to and completing an approved training curriculum through
misrepresentation of admission requirements.
(11) Fraudulently or deceptively obtaining a
license or attempts to obtain a license through misrepresentation of
certificate of training requirements, third-party examination, or related
documents dealing with education, training, professional registration, or
experience.
(12) Misrepresenting
the extent of a training courses's approval.
(13) Failing to submit required information
or notifications in a timely manner.
(b) In addition to the causes in subsection
(a), the department may, under IC 4-21.5, reprimand a lead-based paint
contractor or suspend or revoke a lead-based paint license if the contractor:
(1) performs work requiring licensure at a
job site with individuals who are not licensed;
(2) fails to comply with the work practice
standards established in
410 IAC 32-4;
(3) misrepresents facts in the contractor's
letter of application for a license;
(4) fails to maintain required records;
or
(5) fails to comply with
federal, state, or local lead-based paint rules, regulations, or
statutes.
(c) In addition
to an administrative or judicial finding of violation, for purposes of this
section only, execution of a consent agreement in settlement of an enforcement
action constitutes evidence of a failure to comply with relevant statutes or
regulations.
(d) If the department
finds that a lead-based paint activities project is not being performed in
accordance with air pollution control laws or rules adopted by the board, the
department may enjoin further work on the lead-based paint project without
prior notice or hearing by completing the following procedures:
(1) A notice shall be delivered to:
(A) the lead-based paint activities
contractor engaged in the lead-based paint activities project; or
(B) an agent or representative of the
lead-based paint activities contractor.
(2) A notice issued under this section must:
(A) specify the violations of law that are
occurring on the lead-based paint activities project; and
(B) prohibit further work on the lead-based
paint activities project until the specified violations cease and the notice is
rescinded by the commissioner.
(3) The contractor shall have fourteen (14)
days in which to provide written notification to the department that violations
have been corrected.
(4) Not later
than ten (10) days after receiving written notification from a contractor that
violations specified in a notice issued under this section have been corrected,
the commissioner shall issue a determination regarding rescission of the
notice.
*These documents are incorporated by reference. Copies may be
obtained from the Government Printing Office, 732 North Capitol Street NW,
Washington, D.C. 20401 or are available for review and copying at the Indiana
Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2
North Meridian Street, Indianapolis, Indiana 46204.
Transferred from the Air Pollution Control Board
(326 IAC 23-2-7) to the Indiana
State Department of Health (410 IAC 32-2-8) by
P.L.
57-2009,
SECTION
17, effective July 1, 2009.