Ohio Admin. Code 3701-82-01 - Application procedures for lead training programs
(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
and fifty dollars for an initial program
and two hundred and 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.
Notes
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 (Emer.), 03/30/1995, 03/26/1998, 04/15/2004, 07/02/2009, 08/07/2014
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
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