Iowa Admin. Code r. 641-70.5 - Certification, interim certification, and recertification
The
(1) A person wishing to become a certified
lead professional shall provide the following information:
a. A completed application form.
b. A certificate of completion of an approved
course for the discipline in which the applicant wishes to become
certified.
c. If wishing to become
a certified lead inspector/risk assessor or a certified elevated blood lead
(EBL) inspector/risk assessor, documentation of successful completion of the
manufacturer's training course or equivalent for the X-ray fluorescence (XRF)
analyzer that the inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use to conduct lead inspections.
d. If wishing to become a certified elevated
blood lead (EBL) inspector/risk assessor, documentation of successful
completion of an eight-hour elevated blood lead (EBL) inspector/risk assessor
course.
e. Documentation that the
applicant meets the additional experience and education requirements in subrule
70.5(2) for the discipline in which the applicant wishes to become certified.
The following documents shall be submitted as evidence that the applicant has
the education and work experience required by subrule 70.5(2):
(1) Official transcripts or diplomas as
evidence of meeting the education requirements.
(2) Rsumés, letters of reference, or
documentation of work experience, as evidence of meeting the work experience
requirements
f. To become
certified as a lead inspector/risk assessor, elevated blood lead (EBL)
inspector/risk assessor, lead abatement contractor, or project designer, a
certificate showing that the applicant has passed the state certification
examination in the discipline in which the applicant wishes to become
certified.
g. A $180 nonrefundable
fee.
h. A person may receive
interim certification from the department as a lead inspector/risk assessor,
elevated blood lead (EBL) inspector/risk assessor, lead abatement contractor,
or project designer by submitting the items required by paragraphs
70.5(1)"a" to "e" and "g" to
the department . Interim certification shall expire six months from the date of
completion of an approved course . An applicant shall upgrade an interim
certification to a certification by submitting a certificate to the department
showing that the applicant has passed the state certification examination as
required by paragraph 70.5(1)"f." Interim certification is
equivalent to certification.
(2) To become certified by the department as
a lead professional , an applicant must meet the education and experience
requirements for the appropriate discipline :
a. Lead inspector/risk assessors and elevated
blood lead (EBL) inspector/risk assessors must meet one of the following
requirements:
(1) Bachelor's degree and one
year of related experience (e.g., lead, environmental health, public health,
housing inspection , building trades).
(2) Associate's degree and two years of
related experience (e.g., lead, environmental health, public health, housing
inspection , building trades).
(3)
High school diploma and three years of related experience (e.g., lead,
environmental health, public health, housing inspection , building
trades).
(4) Certification as an
industrial hygienist, professional engineer, registered architect, registered
sanitarian, registered environmental health specialist, or registered
nurse .
b. Lead abatement
contractors must meet one of the following requirements:
(1) One year of experience as a certified
lead abatement worker .
(2) Two
years of related experience or education (e.g., lead, housing inspection ,
building trades, property management and maintenance).
c. No additional education or experience is
required for lead abatement workers.
d. Sampling technicians must meet one of the
following requirements:
(1) Associate's
degree.
(2) High school diploma and
one year of related experience (e.g., lead, environmental health, public
health, housing inspection , building trades).
(3) Certification as an industrial hygienist,
professional engineer, registered architect, registered sanitarian, registered
environmental health specialist, or registered nurse .
e. Project designers must meet one of the
following requirements:
(1) Bachelor's degree
in engineering, architecture, or a related profession, and one year of
experience in building construction and design or a related field.
(2) Four years of experience in building
construction and design or a related field.
f. No additional education or experience is
required for lead-safe renovators.
(3)
Use of criminal convictions in
eligibility determinations and initial licensing decisions.
a.
License application.
Unless an applicant for licensure petitions the department for an eligibility
determination pursuant to paragraph 70.5(3)"b," the
applicant 's convictions will be reviewed when the department receives a
completed certification application.
(1) An
applicant must disclose all convictions on a certification application. Failure
to disclose all convictions is grounds for certification denial or disciplinary
action following certification issuance.
(2) An applicant with one or more convictions
shall submit the complete criminal record for each conviction and a personal
statement regarding whether each conviction directly relates to the practice of
the profession in order for the certification application to be considered
complete.
(3) An applicant must
submit as a part of the certification application all evidence of
rehabilitation that the applicant wishes to be considered by the
department .
(4) The department may
deny a certification if the applicant has a disqualifying offense unless the
applicant demonstrates by clear and convincing evidence that the applicant is
rehabilitated pursuant to Iowa Code section
272C.15.
(5) An applicant with one or more
disqualifying offenses who has been found rehabilitated must still satisfy all
other requirements for certification.
(6) Any application fees paid will not be
refunded if the certification is denied.
b.
Eligibility
determination. An individual who has not yet submitted a completed
certification application may petition the department for a determination of
whether one or more of the individual 's convictions are disqualifying offenses
that would render the individual ineligible for certification. An individual
with a conviction is not required to petition the department for an eligibility
determination prior to applying for certification. To petition the department
for an eligibility determination of whether one or more of the petitioner's
convictions are disqualifying offenses, a petitioner shall submit all of the
following:
(1) A completed petition for
eligibility determination form;
(2)
The complete criminal record for each of the petitioner's
convictions;
(3) A personal
statement regarding whether each conviction directly relates to the duties and
responsibilities of the profession and why the department should find the
petitioner rehabilitated;
(4) All
evidence of rehabilitation that the petitioner wishes to be considered by the
department ; and
(5) Payment of a
nonrefundable fee of $25.
c.
Appeal. A petitioner
deemed ineligible or an applicant denied a certification because of a
disqualifying offense may appeal the decision in the manner and time frame set
forth in the department 's written decision. A timely appeal will initiate a
nondisciplinary contested case proceeding. The department 's rules governing
contested case proceedings will apply unless otherwise specified in this rule.
If the petitioner or applicant fails to timely appeal, the department 's written
decision will become a final order.
(1) An
administrative law judge will serve as the presiding officer of the
nondisciplinary contested case proceeding, unless the department elects to
serve as the presiding officer. When an administrative law judge serves as the
presiding officer, the decision rendered shall be a proposed
decision.
(2) The office of the
attorney general shall represent the department 's initial ineligibility
determination or certification denial and shall have the burden of proof to
establish that the petitioner or applicant 's convictions include at least one
disqualifying offense . Upon satisfaction of this burden by a preponderance of
the evidence by the office of the attorney general, the burden of proof shall
shift to the petitioner or applicant to establish rehabilitation by clear and
convincing evidence.
(3) A
petitioner or applicant must appeal an ineligibility determination or
certification denial in order to exhaust administrative remedies. A petitioner
or applicant may only seek judicial review of an ineligibility determination or
certification denial after the issuance of a final order following a contested
case proceeding. Judicial review of the final order following a contested case
proceeding shall be in accordance with Iowa Code chapter 17A.
d.
Future petitions or
applications. If a final order determines a petitioner is ineligible,
the petitioner may not submit a subsequent petition for eligibility
determination or a certification application prior to the date specified in the
final order. If a final order denies a certification application, the applicant
may not submit a subsequent certification application or a petition for
eligibility determination prior to the date specified in the final
order.
(4)
Reserved.
(5) Rescinded IAB
2/12/20, effective 3/18/20.
(6)
Individuals applying for recertification as lead professionals must submit the
following:
a. A completed application
form.
b. A $180 nonrefundable
fee.
c. A certificate showing that
the applicant has successfully completed an approved refresher training course
for the appropriate discipline . The refresher training course must be completed
no more than three years prior to the date of the application for
recertification.
(7) The
department shall approve the state certification examinations for the
disciplines of lead inspector/risk assessor, elevated blood lead (EBL)
inspector/risk assessor, lead abatement contractor, and project designer. The
state certification examination shall be administered by selected community
college testing centers in Iowa. A community college testing center shall set
the fee for administering the state certification examination to each applicant
and shall collect the fee from each applicant .
a. An individual must achieve a score of at
least 80 percent on the examination. An individual may take the state
certification examination no more than three times within six months of
receiving a certificate of completion from an approved course .
b. If an individual does not pass the state
certification examination within six months of receiving a certificate of
completion from an approved course , the individual must retake the appropriate
approved course before reapplying for certification.
(8) Reciprocity. Each applicant for
certification who is certified in any of the disciplines specified in this rule
in another state may request reciprocal certification. The department shall
evaluate the requirements for certification to determine that the requirements
for certification in such other state are as protective of health and the
environment as the requirements for certification in Iowa. For all disciplines
except lead-safe renovator and lead abatement worker , if the department
determines that the requirements for certification in such other state are as
protective of health and the environment as the requirements for certification
in Iowa, the applicant may be certified after passing a proctored test covering
Iowa-specific lead information with a score of at least 80 percent. For a
lead-safe renovator and lead abatement worker , if the department determines
that the requirements for certification in such other state are as protective
of health and the environment as the requirements for certification in Iowa,
the applicant may be certified after signing a statement indicating that the
applicant has read and understands Iowa-specific lead information provided by
the department . Each applicant for certification pursuant to this subrule shall
submit the appropriate application accompanied by the fee for each discipline
as specified in 641-70.5 (135).
Notes
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