Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM
Section 28-72-10 - Application process and licensure renewal requirements for lead activity firms
Universal Citation: KS Admin Regs 28-72-10
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Application for a lead activity firm license.
(1) Each applicant for a lead activity firm
license shall submit a completed application to KDHE for consideration for
license issuance.
(2) The
application shall include the following:
(A) A
completed lead activity firm application on a form provided by KDHE, which
shall include the following:
(i) The
applicant's name, address, and telephone number;
(ii) if the applicant is a sole
proprietorship, the applicant's social security number or, if the applicant is
a corporation, the applicant's federal employee identification
number;
(iii) the county or
counties in which the applicant is located;
(iv) a description of any lead-based paint
activities that the applicant will be conducting, including lead inspection,
risk assessments, lead abatement projects, lead hazard control, and project
design;
(v) a certification that
the lead activity firm will directly employ only KDHE-certified individuals to
conduct lead-based paint activities or any KDHE-approved lead hazard control;
and
(vi) a certification that the
lead activity firm and the firm's employees will follow the Kansas work
practice standards for lead-based paint activities specified in K.A.R. 28-72-13
through K.A.R. 28-72-21 ;
(B) if the applicant is required to be
registered and in good standing with the Kansas secretary of state's office,
the applicant shall submit a copy of the applicant's certificate of good
standing to KDHE; and
(C) payment
to KDHE for the applicable nonrefundable fee specified in K.A.R. 28-72-3,
unless the lead activity firm is a state, federally recognized Indian tribe,
local government, or nonprofit organization as evidenced by a letter of
determination issued by the IRS, which shall accompany the
application.
(b) Procedure for issuance or denial of a lead activity firm license.
(1) Each
applicant shall be informed by the secretary in writing that the application is
approved, incomplete, or denied.
(A) If an
application is incomplete, the notice shall include a list of additional
information or documentation required to complete the application.
(i) Within 30 calendar days after the
issuance date of the notice of an incomplete application, the applicant shall
submit, to the secretary in writing, the information requested in the written
notice.
(ii) Failure to submit the
information requested in the written notice within 30 calendar days shall
result in the secretary's denial of the lead activity firm's application for
licensure.
(iii) After receipt of
the information requested in the written notice, the applicant shall be
informed by the secretary in writing that the application is either approved or
denied.
(B) If an
application is approved, a two-year lead activity firm license shall be issued
by the secretary.
(C) If an
application for licensure is denied, the written notice of denial to the
applicant shall specify the reason or reasons for the denial. Licensure may be
denied by the secretary pursuant to
K.S.A.
65-1,207(b), and amendments
thereto.
(D) If an application is
denied, the applicant may reap-ply at any time to KDHE for a lead activity firm
license by submitting a complete lead activity firm application form with
another nonrefundable license fee, as specified in K.A.R. 28-72-3 .
(E) If an applicant is aggrieved by a
determination to deny licensure, the applicant may request a hearing with the
office of administrative hearings, in accordance with the Kansas administrative
procedure act.
(F) A license may be
issued with specified restrictions pursuant to an agreement between the
applicant and the secretary.
(2) If a licensed lead activity firm changes
ownership, the new owner shall notify KDHE in writing no later than 30 calendar
days before the change of ownership becomes effective. The notification shall
include the following information:
(A) A new
lead activity firm license application;
(B) the applicable nonrefundable fee
specified in K.A.R. 28-72-3 ; and
(C) the date that the change of ownership
will become effective.
(3) The new lead activity firm application
shall be processed in the same manner as that required for an initial license
in accordance with this regulation.
(4) The current lead activity firm's license
shall expire on the effective date specified in the notification of the change
of ownership.
(5) A completed
application for a lead activity firm license renewal shall be submitted to KDHE
at least 60 days before the expiration date on the license, accompanied by the
applicable nonrefundable renewal fee specified in K.A.R. 28-72-3 . However,
each lead activity firm that is a state, federally recognized Indian tribe,
local government, or nonprofit organization as evidenced by a letter of
determination issued by the IRS and accompanying the application shall be
exempt from payment of this fee. If the licensee fails to apply at least 60
days before the license expiration date, renewal of the license by the
secretary before the end of the licensing period shall not be guaranteed by
KDHE.
(6) If a licensed lead
activity firm allows the firm's license to expire, the firm shall be required
to submit an application in the same manner as that required for an application
for an initial license, in accordance with this regulation.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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