Kan. Admin. Regs. § 28-72-2 - General requirements for accreditation, licensure, and certification; adoption by reference

(a) Waiver. Any applicant for certification and any certified individual may authorize others, including the applicant's or individual's employer, to act on the applicant's or individual's behalf regarding the certification application. This authorization shall be indicated on the application form provided by KDHE. If at any time the applicant or certified individual decides to change this authorization, the applicant or certified individual shall notify KDHE in writing of the change.

(b) Change of address. Each certified individual shall notify KDHE in writing of a change of mailing address no later than 30 days following the change. Each lead activity firm shall notify KDHE in writing of a change in business mailing address no later than 30 days following the change. Until a change of address is received, all correspondence shall be mailed to the individual's mailing address and the lead activity firm's business address indicated on the most recent application form.

(c) Prior out-of-state certification. A lead occupation certificate may be issued by the secretary to any person if both of the following conditions are met:

(1) The person meets the following requirements:

(A) Has submitted a complete application;

(B) has taken the required third-party exam for the discipline applied for and received a passing score; and

(C) has provided proof of certification from another state, if KDHE has entered into an agreement with that state or if that state is a current EPA program state.

(2) All individual certification fees have been paid.

(d) Adoption by reference.

(1) 40 CFR 745.80 through 745.90, as in effect on July 1, 2008, are adopted by reference, except as specified in paragraph (d)(2). For the purpose of this regulation, each reference in the adopted CFRs to "EPA" shall mean "KDHE," and each reference to "administrator" shall mean "secretary."

(2) The following portions of 40 CFR 745.80 through 40 CFR 745.90 are not adopted:

(A) 40 CFR 745.81 and 40 CFR 745.82(c);

(B) in 40 CFR 745.83, the following terms and their definitions: child occupied facility, component or building component, interim controls, recognized test kit, renovator, and training hour;

(C) 40 CFR 745.85(a)(3)(iii). The use of a heat gun to remove lead-based paint shall not be allowed;

(D) 40 CFR 745.86(b)(6) and (c);

(E) 40 CFR 745.87;

(F) 40 CFR 745.88;

(G) 40 CFR 745.89;

(H) 40 CFR 745.90(a), (b)(6), and (c);

(I) 40 CFR 745.91; and

(J) 40 CFR 745.225(c)(6)(vii).

Notes

Kan. Admin. Regs. § 28-72-2

Authorized by K.S.A. 65-1,202; implementing K.S.A. 65-1,202 and 65-1,203; effective, T-28-9-13-99, Sept. 13, 1999; effective Jan. 7, 2000; amended Dec. 6, 2002; amended April 9, 2010.