3701-82-01 Application procedures for lead training programs.

(A) A person shall submit an application for approval as a training provider on a form prescribed by the director. An application for initial approval may be made by paying the fee specified in paragraph (B) of this rule and by meeting the other requirements of this rule. An application for approval as a training provider shall contain:

(1) The applicant’s statement setting forth the intent to offer an initial or refresher course in the lead inspector, lead risk assessor, lead abatement contractor, lead abatement project designer, lead abatement worker, or clearance technician disciplines, and core course in the lead inspector, lead abatement contractor or lead worker disciplines. The applicant shall include a list of courses for approval;

(2) The applicant’s name, address, telephone number, fax number and electronic mail address;

(3) A copy of all course examinations with answer keys in accordance with paragraph (K) of rule 3701-82-01.3 of the Administrative Code;

(4) 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; and

(iii) The course 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;

(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) The applicant is in compliance and will remain in compliance with the record-keeping and reporting requirements of paragraph (A)(3) and (A)(4) of rule 3701-82-01.2 of the Administrative Code.

(f) A copy of the student manuals and instructor manuals to be used for each course.

(B) Except for the state of Ohio, local political subdivisions, or non-profit training providers, a non-refundable application or renewal fee shall be paid by check or money order, payable to the “Treasurer, State of Ohio” in the amount of seven hundred fifty dollars for each training course.

(C) A person shall submit an application for renewal of approval as a training provider on a form prescribed by the director. An application for renewal shall include:

(1) The renewal fee as specified in paragraph (B) of this rule;

(2) 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; and

(c) The course 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;

(3) A statement from the training manager indicating whether any of the following have changed:

(a) Course examination;

(b) Facilities or equipment available for lecture;

(c) Course agenda with an allocation of time spent on each topic;

(d) Course quality control plan;

(e) Course completion certificate and an example of the changed certificate; or

(f) Student manuals or instructor manuals to be used for each course.

(D) 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.

(E) The director may refuse to issue or renew an approval, or may suspend or revoke the approval of an approved training provider if the approved training provider, training manager, or any other person with supervisory authority over the training course has:

(1) Misrepresented the contents of a training course 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.

(F) Approval to conduct a training course expires three years from the date the director issues approval.

(G) An approved training provider or instructor cannot transfer its approval.

(H) 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.

(I) Revocation of an approval of a training provider shall apply to all training courses the training provider is approved to offer.

(J) 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 course pursuant to this rule may request a hearing on the matter in accordance with Chapter 119. of the Revised Code.

HISTORY: Replaces former 3701-82-01; Eff 12-30-94 (Emer.); 3-30-95; 3-26-98; 4-15-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.08

Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.10, 3742.15, 3742.16, 3742.19

RC 119.032 review dates: 3/26/03, 3/1/08, 4/15/09