Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM
Section 28-72-5 - Application process and requirements for the certification of lead inspectors
Universal Citation: KS Admin Regs 28-72-5
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Application for a lead inspector certificate.
(1) Each applicant for a lead inspector
certificate shall submit a completed application to KDHE before consideration
for certificate issuance. All applications for certification shall be received
by KDHE at least 30 days before the date of the third-party examination, but
the deadline for filing applications may be waived by KDHE as particular
circumstances justify.
(2) Each
application shall include the following:
(A) A
completed lead occupation certificate application on a form provided by KDHE,
which shall include the following:
(i) The
applicant's full legal name, home address, and telephone number;
(ii) the name, address, and telephone number
of the applicant's current employer;
(iii) the applicant's state-issued
identification number or federal employment identification number;
(iv) the county or counties in which the
applicant is employed;
(v) the
address where the applicant would like to receive correspondence regarding the
application or certification;
(vi)
the occupation for which the applicant wishes to be certified;
(vii) proof of any certification for lead
occupations in other states, including the names of the other states, type of
certification, certification expiration date, certificate number, and copies of
the other states' certificate or license;
(viii) proof of any certification by the EPA,
including the EPA region number, type of certification, certification
expiration date, certificate number, and a copy of the EPA
certificate;
(ix) the type of
training completed, including the name of the training provider, certificate
identification number, and dates of course attendance;
(x) any employment history or education that
meets the experience requirements in subsection (b); and
(xi) the signature of the applicant, which
shall certify that all information in the application is complete and true to
the best of the applicant's knowledge and that the applicant will comply with
applicable state statutes and regulations;
(B) a copy of the lead inspector training
course completion diploma or equivalent EPA training course diplomas, and any
required refresher course completion diplomas;
(C) documentation pursuant to subsection (b)
as evidence of meeting the education or experience requirements for lead
inspectors; and
(D) a payment to
KDHE for the nonrefundable fee specified in K.A.R. 28-72-3 .
(3) Each applicant for a lead
inspector certificate shall apply to KDHE within one year after the applicant's
successful completion of the lead inspector training course, as indicated on
the course completion diploma. Applicants failing to apply within one year
after the date on the training course completion diploma shall, before making
application for certification, be required to successfully complete the
eight-hour lead inspector refresher training course accredited by
KDHE.
(4) Each applicant who fails
to apply within two years after the lead inspector training and who has not
successfully completed refresher training shall be required to successfully
complete the lead inspector training course before submitting an application
for a lead inspector certificate.
(b) Training, education, and experience requirements for a lead inspector certificate.
(1) Each applicant for certification as a
lead inspector shall complete a lead inspector training course or its
equivalent and shall be required to achieve passing scores on the course
examination and the third-party examination.
(2) Each applicant for certification as a
lead inspector shall meet the minimum education or experience requirements for
a certified lead inspector.
(A) The minimum
education or experience requirements for a certified lead inspector shall
include at least one of the following:
(i) A
bachelor's degree;
(ii) an
associate's degree and one year of experience in a related field, including
housing repair and inspection, and lead, asbestos, and environmental
remediation work; or
(iii) either a
high school diploma or a certificate of high school equivalency (GED), in
addition to two years of experience in a related field, including housing
repair and inspection, and lead, asbestos, and environmental remediation
work.
(B) The following
documents shall be recognized by KDHE as evidence of meeting the requirements
listed in paragraph (b)(2)(A):
(i) Official
academic transcripts or diplomas as evidence of meeting the education
requirements;
(ii) resumes, letters
of reference, or documentation of work experience, which at a minimum shall
include specific dates of employment, each employer's name, address, and
telephone number, and specific job duties, as evidence of meeting the work
experience requirements;
(iii)
course completion diplomas issued by the training provider as evidence of
meeting the training requirements; and
(iv) appropriate documentation of
certification or registration.
(c) Procedure for issuance or denial of a lead inspector certificate.
(1) The 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 individual's application for
certification.
(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 for certification is denied, the written notice of denial to the
applicant shall specify the reason or reasons for the denial. Certification may
be denied by the secretary pursuant to
K.S.A.
65-1,207(b), and amendments
thereto.
(C) If an application is
denied, the applicant may reap-ply to KDHE for a lead inspector certificate by
submitting a complete lead occupation application form with another
nonrefundable certification fee, as specified in K.A.R. 28-72-3 .
(D) If an applicant is aggrieved by a
determination to deny certification, the applicant may request a hearing with
the office of administrative hearings, in accordance with the Kansas
administrative procedure act.
(2) Within 180 calendar days after
application approval, the applicant shall be required to attain a passing score
on the third-party examination for lead inspectors.
(A) An applicant shall not sit for the
third-party examination for lead inspectors more than three times within 180
calendar days after the issuance date of the notice of an approved
application.
(B) The applicant's
failure to obtain a passing score on the third-party examination for lead
inspectors within the 180-day period following the notice of an approved
application for a certificate shall result in KDHE's denial of the individual's
application for a certificate. The individual may reapply to KDHE pursuant to
this regulation but only after retaking the lead inspector training
course.
(3) After the
applicant passes the third-party examination, a two-year lead inspector
certificate shall be issued by KDHE.
(4) A certificate may be issued with specific
restrictions pursuant to an agreement between the applicant and KDHE.
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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