Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM
Section 28-72-8 - Application process and requirements for the certification of lead abatement supervisors
Universal Citation: KS Admin Regs 28-72-8
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Application for a lead abatement supervisor certificate.
(1) Each applicant for a lead abatement
supervisor certificate shall submit a completed application to KDHE before
consideration for certificate issuance. Each application 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
information specified in K.A.R. 28-72-5(a)(2)(A) and the following:
(A) A copy of the lead abatement supervisor
training course completion diploma, and any required refresher course
completion diplomas;
(B)
documentation pursuant to subsection (c) as evidence of meeting the education
or experience requirements for lead abatement supervisors; and
(C) a payment to KDHE for the nonrefundable
fee specified in K.A.R. 28-72-3 .
(3) Each applicant for a lead abatement
supervisor certificate shall apply to KDHE within one year after the
applicant's successful completion of the lead abatement supervisor training
course, as indicated on the course completion diploma. Each applicant failing
to apply within one year after the date on the training course completion
certificate shall, before making application for certification, be required to
successfully complete the eight-hour lead abatement supervisor refresher
training course.
(4) Each applicant
who fails to apply within two years after the lead abatement supervisor
training and who has not successfully completed refresher training shall be
required to successfully complete the lead abatement supervisor training course
before submitting an application for a lead abatement supervisor
certificate.
(b) Training and experience requirements for a lead abatement supervisor certificate.
(1) Each applicant for a
certificate as a lead abatement supervisor shall complete a lead abatement
supervisor training course and shall be required to achieve passing scores on
the course examination and the third-party examination.
(2) Each applicant for a certificate as a
lead abatement supervisor shall meet the minimum experience requirements for a
certified lead abatement supervisor.
(A) The
minimum experience requirements for a lead abatement supervisor certificate
shall include at least one of the following:
(i) At least one year of experience as a
certified lead abatement worker certified by the secretary, the EPA, or an
EPA-approved state;
(ii) at least
two years of experience in asbestos abatement work as a construction manager or
superintendent;
(iii) at least two
years of experience as a manager for environmental hazard remediation projects;
or
(iv) at least two years of
experience as a supervisor in residential construction.
(B) The following documents shall be
recognized by KDHE as evidence of meeting the requirements listed in paragraph
(b)(2)(A):
(i) Resumes, letters of reference,
or documentation of work experience, which 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;
(ii) course completion diplomas issued by a
training provider as evidence of meeting the training requirements;
and
(iii) a copy of the lead
abatement supervisor certificate or identification badge as evidence of having
been a certified lead abatement supervisor.
(c) Procedure for issuance or denial of a lead abatement supervisor certificate.
(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 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 abatement supervisor
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 abatement supervisors.
(A) An applicant shall not sit for the
third-party examination for lead abatement supervisors 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
abatement supervisors within the 180-day period following the notice of an
approved application for a certificate shall result in the secretary'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 abatement
supervisor training course.
(3) After the applicant passes the
third-party examination, a two-year lead abatement supervisor 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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