Current through all regulations passed and filed through September 16, 2024
(A) A person shall submit an application for
approval of a training program on a form prescribed by the director. A separate
application shall be submitted for each program for which the person is seeking
approval. An application for approval of a training program shall contain:
(1) The applicant's statement setting forth
the intent to offer an initial or refresher program and, except for the state
of Ohio and local political subdivisions, a non-refundable fee of seven hundred
fifty dollars for an initial program
and two hundred fifty dollars for a
refresher program, payable to the "Treasurer, State of Ohio" for the following
programs:
(a) Initial clearance technician
program;
(b) Initial lead inspector
program;
(c) Initial lead risk
assessor program;
(d) Initial lead
abatement contractor program;
(e)
Initial lead abatement project designer program;
(f) Initial lead abatement worker
program;
(g) Refresher clearance
technician program;
(h) Refresher
lead inspector program;
(i)
Refresher lead risk assessor program;
(j) Refresher lead abatement contractor
program;
(k) Refresher lead
abatement project designer program; and
(l) Refresher lead abatement worker
program.
(2) As separate
attachments:
(a) A statement signed by the
training program manager certifying that:
(i)
The training program meets the minimum requirements set forth in Chapter
3701-82 of the Administrative Code;
(ii) Each instructor meets the qualifications
set forth in rule
3701-82-01.1 of the
Administrative Code;
(iii) The
program will use either the model training materials developed by the United
States environmental protection agency, United States department of housing and
urban development, if available, or materials approved by the director;
and
(iv) The applicant is in
compliance and will remain in compliance with the reporting and record-keeping
requirements of paragraphs (A)(3) and (A)(4) of rule 3701-82-1.2 of the
Administrative Code.
(b)
The course agenda with an allocation of time spent on each topic;
(c) The course quality control plan and
certification that the applicant will comply with the requirements of paragraph
(B) of rule
3701-82-01.2 of the
Administrative Code;
(d) An example
of a course completion certificate, as described in paragraph (A)(2) in rule
3701-82-01.2 of the
Administrative Code;
(e) A copy of
all program examinations with answer keys in accordance with paragraph (K) of
rule 3701-82-01.3 of the
Administrative Code;
(f) A copy of
the student manuals and instructor manuals to be used for each program;
and
(g) Documentation of the
training manager's and instructor's qualifications required by rule
3701-82-01.1 of the
Administrative Code.
(B) A person shall submit an application for
renewal of approval of a training program on a form prescribed by the director.
A person shall submit a separate application for each program for which the
person is seeking approval. An application for renewal shall include the fee as
specified in paragraph (A)(1) of this rule. As part of the application, the
individual shall also submit:
(1) A statement
signed by the training program manager certifying that:
(a) The training program continues to meet
the minimum requirements set forth in Chapter 3701-82 of the Administrative
Code;
(b) Each instructor continues
to meet the qualifications set forth in rule
3701-82-01.1 of the
Administrative Code, and a list of the topics or skill areas that each
instructor will teach;
(c) The
program continues to use the model training materials developed by the United
States environmental protection agency, United States department of housing and
urban development, if available, or materials approved by the director;
and
(d) The applicant is in
compliance and will remain in compliance with the reporting and record-keeping
requirements of paragraphs (A)(3) and (A)(4) of rule 3701-82-1.2 of the
Administrative Code.
(2)
A statement from the training manager indicating whether any of the following
have changed:
(a) Program examination and
answer key;
(b) Facilities or
equipment available for lecture;
(c) Program agenda with an allocation of time
spent on each topic;
(d) Program
quality control plan;
(e) Program
completion certificate and an example of the changed certificate;
or
(f)
Student manuals or instructor manuals to be used for each program.
(C) The director shall
notify the applicant of any deficiency or needed modification to the
application. Six months after written notification, the application shall no
longer be maintained. An application that is no longer maintained shall not be
subject to appeal pursuant to Chapter 119. of the Revised Code.
(D) The director may refuse to issue or renew
an approval, or may suspend or revoke the approval of an approved training
program if the approved training program, training manager, or any other person
with supervisory authority over the training program has:
(1) Misrepresented the contents of a training
program to the director or trainees;
(2) Failed to submit required information or
notifications in a timely manner;
(3) Falsified accreditation records,
instructor qualifications, or any other approval-related information or
documentation;
(4) Failed to comply
with any requirement of this rule, Chapter 3742. of the Revised Code, or any
federal, state, or local statutes or regulations as they pertain to lead-based
paint or lead hazards;
(5) Failed
to maintain required records; or
(6) Made false or misleading statements to
the director in its application for approval or its application for
renewal.
(E) Approval to
conduct a training program expires three years from the date the director
issues approval.
(F) An approved
training program or instructor cannot transfer its approval.
(G) The director may perform an on-site audit
at any time during regular business hours to document and verify the statements
and the contents of an application for approval. The training manager shall
allow the director to audit the training program at any time at no charge to
the director.
(H) Any person who is
aggrieved by the director's refusal to issue or renew an approval, or to
suspend or revoke an approval to conduct a training program pursuant to this
rule may request a hearing on the matter in accordance with Chapter 119. of the
Revised Code.
Effective:
8/7/2014
R.C. 119.032 review dates:
04/01/2014 and
04/01/2019
Promulgated
Under: 119.03
Statutory Authority: 3742.08
Rule
Amplifies: 3742.02, 3742.04, 3742.05, 3742.10, 3742.15, 3742.16,
3742.19
Prior Effective Dates: 12/30/1994, 3/30/95, 3/26/98,
4/15/04, 7/2/09