Current through Register Vol. 46, No. 19, March 20, 2024
(1) For the purposes of this rule, "issuing
jurisdiction" means the duly constituted authority in another state that has
issued a professional license, certificate, or registration to a
person.
(2) Notwithstanding any
other provision of law, a commercial explosive contractor license or commercial
blaster license shall be issued without an examination to a person who
establishes residency in this state or to a person who is married to an active
duty member of the military forces of the United States and who is accompanying
the member on an official permanent change of station to a military
installation located in this state if all of the following conditions are met:
a. The person is currently licensed by at
least one other issuing jurisdiction as a commercial explosive contractor or
commercial blaster with a substantially similar scope of practice and the
license is in good standing in all issuing jurisdictions in which the person
holds a license.
b. The person has
been licensed by another issuing jurisdiction for at least one year.
c. When the person was licensed by the
issuing jurisdiction, the issuing jurisdiction imposed minimum educational
requirements and, if applicable, work experience, and the issuing jurisdiction
verifies that the person met those requirements in order to be licensed in that
issuing jurisdiction.
d. The person
previously passed an examination required by the other issuing jurisdiction for
licensure, if applicable.
e. The
person has not had a license revoked and has not voluntarily surrendered a
license in any other issuing jurisdiction or country while under investigation
for unprofessional conduct.
f. The
person has not had discipline imposed by any other regulating entity in this
state or another issuing jurisdiction or country. If another jurisdiction has
taken disciplinary action against the person, the state fire marshal shall
determine if the cause for the action was corrected and the matter resolved. If
the state fire marshal determines that the matter has not been resolved by the
jurisdiction imposing discipline, the state fire marshal shall not issue or
deny a license to the person until the matter is resolved.
g. The person does not have a complaint,
allegation, or investigation pending before any regulating entity in another
issuing jurisdiction or country that relates to unprofessional conduct. If the
person has any complaints, allegations, or investigations pending, the state
fire marshal shall not issue or deny a license to the person until the
complaint, allegation, or investigation is resolved.
h. The person pays all applicable
fees.
i. The person does not have a
criminal history that would prevent the person from holding the commercial
explosive contractor license or commercial blaster license applied for in this
state.
(3) A person
licensed pursuant to this rule is subject to the laws regulating the person's
practice in this state and is subject to the jurisdiction of the state fire
marshal.
(4) This rule does not
apply to any of the following:
a. The ability
of the state fire marshal to require the submission of fingerprints or
completion of a criminal history check.
b. The ability of the state fire marshal to
require a person to take and pass an examination specific to the laws of this
state prior to issuing a license. If the state fire marshal requires an
application to take and pass an examination specific to the laws of this state,
the state fire marshal shall issue an applicant a temporary license that is
valid for a period of three months and may be renewed once for an additional
period of three months.
(5) Except as provided in subrule 235.7(2), a
person applying for a license in this state who relocates to this state from
another state that did not require a license to practice as a commercial
explosive contractor or commercial blaster may be considered to have met any
education, training, or work experience requirements imposed by the state fire
marshal in this state if the person has three or more years of related work
experience with a substantially similar scope of practice within the four years
preceding the date of application as determined by the state fire
marshal.
(6) A person applying for
a license in this state under the requirements of this subrule shall submit the
request in writing to the state fire marshal as established in subrule 235.1(1)
providing proof of residency in this state and documentation to verify all
conditions are met under this subrule.