Application Process and Licensure Renewal Requirements for Lead Abatement Contractors

PURPOSE: This rule provides the requirements to be licensed and renewal requirements as a lead abatement contractor. (1) Application for a Lead Abatement Contractor License. (A) An applicant for a lead abatement contractor license must submit a completed application to the Office of Lead Licensing and Accreditation (OLLA) prior to consideration for license issuance. All applications for licensure must be received by OLLA at least thirty (30) days prior to the date of the lead abatement activity; provided, however, OLLA may waive the time for the filing of applications as particular circumstances justify. Completed applications shall be mailed to the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102-0570. (B) The application shall include: 1. A completed lead abatement contractor form provided by OLLA which shall include: A. The applicant’s name, address and telephone number; B. If the applicant is a sole proprietorship, the applicant’s Social Security number; C. The county or counties in which the applicant is located; D. Lead-bearing substance activities the applicant will be conducting (i.e., lead inspection, risk assessments, lead abatement projects, and/or project design); E. A certification that the lead abatement contractor shall only employ appropriately Missouri licensed individuals to conduct lead-bearing substance activities; and F. A certification that the lead abatement contractor and its employees shall follow the Missouri Work Practice Standards for Lead-Bearing Substances Activities in 19 CSR 30-70.600 through 19 CSR 30-70.650; 2. If the applicant is a corporation, a copy of its registration with the Missouri secretary of state’s office. Every corporation desiring a license as a lead abatement contractor under sections 701.300 through 701.338, RSMo, must be registered and in good standing with the Missouri secretary of state’s office; 3. Every corporation desiring a license which conducts business under a fictitious name must have the fictitious name registered with the Missouri secretary of state’s office, and must submit a copy of its fictitious name registration with its application to OLLA; and 4. A check or money order made payable to the Missouri Department of Health for the nonrefundable fee of two hundred and fifty dollars ($250); provided, however, that lead abatement contractors who are a state, federally recognized Indian tribe, local government or nonprofit organization shall be exempt from payment of such fee. (2) Application for a Lead Abatement Contractor License Under Reciprocity. (A) An applicant for a lead abatement contractor license by reciprocity shall apply to OLLA. Completed applications shall be mailed to the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102-0570. (B) The application shall include: 1. A completed lead abatement contractor form provided by OLLA which shall include: A. The applicant’s name, address and telephone number; B. If the applicant is a sole proprietorship, the applicant’s social security number; C. The county or counties in which the applicant is located; D. Lead-bearing substance activities the applicant will be conducting (i.e., lead inspection, risk assessments, lead abatement projects, and/or project design); E. A certification that the lead abatement contractor shall only employ appropriately Missouri licensed individuals to conduct lead-bearing substance activities; and F. A certification that the lead abatement contractor and its employees shall comply with the Work Practice Standards 19 CSR 30-70.600 through 19 CSR 30-70.650; and 2. A check or money order made payable to the Missouri Department of Health for the nonrefundable fee of two hundred and fifty dollars ($250); provided, however, that lead abatement contractors who are a state, federally recognized Indian tribe, local government or nonprofit organization shall be exempt from payment of such fee. (3) Procedure for Issuance or Denial of a Lead Abatement Contractor License. (A) OLLA will inform the applicant in writing that the application is either approved, incomplete, or denied. 1. If an application is incomplete, the notice will include a list of additional information or documentation required to complete the application. A. Within thirty (30) calendar days after the issuance date of the notice of incomplete application, the applicant shall submit to OLLA in writing, the information requested in the written notice. B. Failure to submit the information requested in the written notice shall result in OLLA’s denial of the applicant’s application for a lead abatement contractor license. C. After receipt of the information requested in the written notice, OLLA will inform the applicant in writing that the application is either approved or denied. 2. When an application for a lead abatement contractor license is denied, the written notice of denial to the applicant will specify the reasons for the denial. OLLA may deny a lead abatement contractor license for any one (1) or any combination of the following reasons: A. History of citations or violations of existing local, state and federal lead abatement or other environmental regulations or standards; B. Past felony convictions under any state or federal law designed to protect human health or the environment. Any plea of guilty or nolo contendere shall be considered a conviction for the purposes of this subsection; C. False or misleading statements in the application; D. Failure to submit a complete application; E. Other information which may affect the applicant’s ability to appropriately perform lead-bearing substance activities; F. Violations of 29 CFR part 1926.62 or 29 CFR part 1926.59; G. Fraud or failure to disclose facts relevant to the lead abatement contractor application; H. Failure to comply with any state or federal law or regulation, including, but not limited to, any part of sections 701.300 through 701.338, RSMo, or any rules promulgated pursuant to these sections; or I. Final disciplinary action against a licensee by another state, territory, federal agency or country, whether or not voluntarily agreed to by the licensee, including, but not limited to, the denial of licensure, surrender of the license, allowing the license to expire or lapse, or discontinuing or restricting the license while subject to investigation or while actually under investigation by another state, territory, or federal agency or country. 3. When an application is denied, the applicant may reapply to OLLA by submitting a complete lead abatement contractor application form along with the applicable fee. 4. If an applicant is aggrieved by a determination to deny licensure, the applicant may appeal OLLA’s denial to the Administrative Hearing Commission as provided by section 621.045, RSMo. (B) After notice of complete application, OLLA will issue a two (2)-year lead abatement contractor license. (C) Restricted licenses may be issued pursuant to an agreement between the applicant or licensee and OLLA. (4) Change of Ownership. If a licensed lead abatement contractor changes ownership, the new owner shall notify OLLA in writing no later than thirty (30) calendar days prior to the change of ownership becoming effective. The notification shall include a new lead abatement contractor license application, the appropriate fee, and the date that the change of ownership will become effective. The new lead abatement contractor application shall be processed in the same manner pursuant to 19 CSR 30-70.180(3). The current lead abatement contractor’s license shall expire on the effective date set forth in the notification of the change of ownership. (5) Renewal Application for Lead Abatement Contractor License. An application for lead abatement contractor license renewal shall be mailed at least sixty (60) days prior to the expiration date on the license accompanied by a nonrefundable renewal fee of two hundred and fifty dollars ($250) (provided, however, that lead abatement contractors who are a state, federally recognized Indian tribe, local government or nonprofit organization shall be exempt from payment of such fee) with a completed application form to the Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102. If the licensee fails to apply at least sixty (60) days prior to the expiration date on the license, OLLA cannot guarantee that the license will be renewed before the end of the licensing period. AUTHORITY: sections 701.301, 701.312 and 701.316, RSMo Supp. 1998.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000. *Original authority: 701.301, RSMo 1998; 701.312, RSMo 1993, amended 1998; and 701.316, RSMo 1993, amended 1998.