1. (a)

   1. (1) The application process for lead-based paint activities training provider license includes the following.

   2. (2) A written application submitted to the Department of Health must contain the following information:

      1. (A) The training program’s name, address, and telephone number;
      2. (B) A list of courses for which it is applying for licensing, including any refresher courses for which the training program is seeking licensing;
      3. (C) A statement signed by the training program manager certifying that the training program:

2. (i) Meets the requirements established in subsection (c) of this section;

   1. (ii) Is using United States Environmental Protection Agency-recommended model training materials; or

      1. (iii) Is using training materials approved by a state or Indian Tribal program approved by United States Environmental Protection Agency;

      2. (D) If a training program does not use United States Environmental Protection Agency-recommended model training materials or training materials approved by an authorized state or Indian Tribe, its application shall also include a copy of the:

         1. (i) Student and instructor manuals, or other materials to be used for each course; and
         2. (ii) Course agenda for each course;

      3. (E) All training programs shall include in their application for licensing the following:

         1. (i) A description of the facilities and equipment to be used for lecture and hands-on training;
         2. (ii) A copy of the course test blueprint for each course;
         3. (iii) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course; and
         4. (iv) A copy of the quality control plan, as provided in subdivision (c)(10) of this section;
      4. (F) All appropriate fees; and
      5. (G) A completed disclosure statement form provided by the department.

3. (b)

   1. (1)

      1. (A) If a training program meets the requirements in this section then the department shall approve the application for licensing no more than one hundred eighty (180) days after receiving a complete application, including any applicable fees, from the training program.
      2. (B) In the case of approval, a license shall be sent to the applicant.
      3. (C) In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant.
   2. (2) The applicant may appeal this decision as provided in the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
   3. (3) Prior to disapproval, the department may, at its discretion, work with the applicant to address inadequacies in the application for licensing.
   4. (4) The department may also request additional materials retained by the training program under the provisions of this section.

   5. (5) If a training program’s application is disapproved, the program may reapply for licensing at any time.

      1. (c) For a training program to obtain licensing from the department to offer lead-based paint activities courses, the program shall meet the following requirements:

   6. (1) The training program shall employ a training manager who has:

      1. (A) At least two (2) years of experience, education, or training in teaching workers or adults, or a bachelor’s or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management, or a related field, or two (2) years of experience in managing a training program specializing in environmental hazards; and

      2. (B) Demonstrated experience, education, or training in the construction industry including:

         1. (i) Lead or asbestos abatement;
         2. (ii) Painting;
         3. (iii) Carpentry;
         4. (iv) Renovation;
         5. (v) Remodeling;
         6. (vi) Occupational safety and health; or
         7. (vii) Industrial hygiene;

   7. (2) The training manager shall designate a qualified principal instructor for each course who has:

      1. (A) Demonstrated experience, education, or training in teaching workers or adults;

      2. (B) Successfully completed at least sixteen (16) hours of:

         1. (i) Any United States Environmental Protection Agency-accredited or United States Environmental Protection Agency-authorized state or Indian Tribal-accredited lead specific training; or
         2. (ii) A lead-based paint activities training course licensed by the department; and

      3. (C) Demonstrated experience, education, or training in:

         1. (i) Lead or asbestos abatement;
         2. (ii) Painting;
         3. (iii) Carpentry;
         4. (iv) Renovation;
         5. (v) Remodeling;
         6. (vi) Occupational safety and health; or
         7. (vii) Industrial hygiene;

   8. (3)

      1. (A) The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material.
      2. (B) The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course;

   9. (4) The department shall recognize the following documents as evidence the training managers and principal instructors have the education, work experience, training requirements, or demonstrated experience specifically listed in subdivisions (c)(1) and (2) of this section, above:

      1. (A) Official academic transcripts or diploma as evidence of meeting the education requirements;
      2. (B) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements; and
      3. (C) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements;
   10. (5) The documentation required in subdivision (c)(4) of this section, above, need not be submitted with the licensing application, but if not submitted, shall be retained by the training program as required by the record-keeping requirements contained in this part;

   11. (6)

       1. (A) The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the:

          1. (i) Lecture;
          2. (ii) Course-test;
          3. (iii) Hands-on training; and
          4. (iv) Assessment activities.
       2. (B) This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed;

   12. (7) To become licensed in the following disciplines, the training program shall provide training courses that meet the following training hour requirements:

       1. (A)

          1. (i) The inspector course shall last a minimum of twenty-four (24) training hours, with a minimum of eight (8) hours devoted to hands-on training activities.
          2. (ii) The minimum curriculum requirements are provided in 20 CAR § 130-303(b);

       2. (B)

          1. (i) The risk assessor course shall last a minimum of sixteen (16) training hours, with a minimum of four (4) hours devoted to hands-on training activities.
          2. (ii) The minimum curriculum requirements are provided in 20 CAR § 130-303(c);

       3. (C)

          1. (i) The supervisor course shall last a minimum of thirty-two (32) training hours, with a minimum of eight (8) hours devoted to hands-on activities.
          2. (ii) The minimum curriculum requirements are provided in 20 CAR § 130-303(d);

       4. (D)

          1. (i) The project designer course shall last a minimum of eight (8) training hours.
          2. (ii) The minimum curriculum requirements are provided in 20 CAR § 130-303(e); and

       5. (E)

          1. (i) The abatement worker course shall last a minimum of sixteen (16) training hours, with a minimum of eight (8) hours devoted to hands-on training hours.
          2. (ii) The minimum curriculum requirements are provided in 20 CAR § 130-303(f);

   13. (8)

       1. (A)

          1. (i) For each course offered, the training program shall conduct:
4. (a) (a) A course test at the completion of the course; and

5. (b) (b) If applicable, a hands-on skills assessment for that discipline.

   1. (ii) Each individual must successfully complete the hands-on skills assessment and receive a passing score of seventy percent (70%) of one hundred (100) questions on the course test to pass any course.

      1. (B) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment to ensure that it accurately evaluates the trainees’ performance of the work practices and procedures associated with the course topics contained in 20 CAR § 130-303.
      2. (C) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees’ knowledge and retention of the course topics.
      3. (D) The course test shall be developed in accordance with the test blueprint submitted with the training licensing application;

   2. (9)

      1. (A) The training program shall issue unique course completion certificates to each individual who passes the training course.

      2. (B) The course completion certificate shall include:

         1. (i) The name, a unique identification number, and address of the individual;
         2. (ii) The name of the particular course that the individual completed;
         3. (iii) Dates of course completion/test passage; and
         4. (iv) The name, address, and telephone number of the training program;

   3. (10)

      1. (A) The training manager shall develop and implement a quality control plan.
      2. (B) The plan shall be used to maintain and improve the quality of the training program over time.

      3. (C) This plan shall contain at least the following elements:

         1. (i) Procedures for periodic revision of training materials and the course test to reflect innovations in the field; and
         2. (ii) Procedures for the training manager’s annual review of principal instructor competency;

   4. (11)

      1. (A) The training program shall offer courses which teach the work practice standards for conducting lead-based paint activities contained in 40 C.F.R. § 745.227, and other standards developed by the United States Environmental Protection Agency pursuant to Title IV of the TSCA.
      2. (B) These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for conducting;
   5. (12) The training manager shall be responsible for ensuring that the training program complies at all times with all applicable requirements of Title IV of TSCA and this part; and
   6. (13) The training manager shall allow United States Environmental Protection Agency and/or department staff to audit the training program to verify the contents of the application for licensing as set forth in this section.

Codification Notes: The Toxic Substances Control Act of 1976 is codified at 15 U.S.C. § 2601 et seq.