(a)

1. (1) Individuals must first apply to the Department of Health for certification to engage in lead-based paint activities pursuant to this part.
2. (2) Following the submission of a complete application, including any applicable fees, demonstrating that all the requirements of this chapter have been met, the department shall certify an applicant as an inspector, risk assessor, supervisor, project designer, or abatement worker, as appropriate.

(b)

1. (1) The department shall allow certification of individuals under two (2) different provisions.

2. (2) The department shall allow for certification of individuals meeting the requirements of this part for:

   1. (A) Original certification; or
   2. (B) Reciprocity.

3. (3) Individuals seeking original certification by the department to engage in lead-based paint activities must submit to the department:

   1. (A) A complete application, including any applicable fees;
   2. (B) A completed disclosure statement for individuals;
   3. (C) An original training certificate in the appropriate discipline issued by a licensed training provider, a training provider approved by the United States Environmental Protection Agency, or a training provider approved by a state or Indian Tribal program that has been approved by the United States Environmental Protection Agency;
   4. (D) An affidavit that they currently meet the education and/or experience requirements set forth in this part, if applicable; and
   5. (E) If applicable, a certificate demonstrating that they have passed a certification exam in the appropriate discipline;

4. (4) Pursuant to Acts 2019, No. 1011, individuals seeking certification based upon reciprocity must:

   1. (A) Hold a substantially similar certification and be in good standing in another United States jurisdiction; and
   2. (B) Submit to the department:

(i) A completed application, including any applicable fees;

1. (ii) An original, valid lead-based paint activities certification (or equivalent) from a state or tribal program that has been authorized by the United States Environmental Protection Agency pursuant to 40 C.F.R. pt. 745 in the appropriate discipline;

   1. (iii) An original of the training course certificate in the appropriate discipline;

      1. (iv) A signed affidavit by the applicant that he or she meets all the requirements established in this part for the particular discipline for which application is being made;
      2. (v) If applicable, a certificate demonstrating that they have passed a certification exam in the appropriate discipline; and
      3. (vi) A completed disclosure statement for individuals.
      4. (c) Upon receiving department certification, individuals conducting lead-based paint activities shall comply with the work practice standards for performing the appropriate lead-based paint activities as established in the requirements of this part.
      5. (d) It shall be considered a violation of TSCA, as well as the Arkansas Lead-Based Paint Hazard Act of 2011, Arkansas Code § 20-27-2501 et seq., this part, and any other applicable state law or rule, for an individual to conduct any of the lead-based paint activities described in this part unless that individual has received the appropriate certification and training pursuant to the requirements specified in this part.

(e)

1. (1) Pursuant to Acts 2019, No. 1011, the department shall issue a temporary and provisional license upon receipt of items in subdivision (b)(4) of this section.
2. (2) The temporary and provisional license shall be valid for ninety (90) days unless the department determines that the applicant does not meet all the requirements for reciprocity under subdivision (b)(4) of this section, in which case the temporary and provisional license shall be immediately revoked.

(f) Automatic licensure for uniformed service members under Acts 2023, No. 137.

1. (1) Applicability. This part applies to:

   1. (A) A uniformed service member stationed in the State of Arkansas;
   2. (B) A uniformed service veteran who resides in or establishes residency in the State of Arkansas; or

   3. (C) The spouse of subdivision (f)(1)(A)(i) or (f)(1)(A)(ii) of this section including a uniformed service member who is:

      1. (i) Assigned a tour of duty that excludes the spouse from accompanying the uniformed service member and the spouse relocates to Arkansas; or
      2. (ii) Killed or succumbs to his or her injuries or illness in the line of duty, if the spouse establishes residency in Arkansas.

2. (2) Automatic licensure. Automatic licensure shall be granted to persons listed in subdivision (f)(1) of this section if:

   1. (A) The person is a holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States; and
   2. (B) The person pays the licensure fee in 20 CAR § 130-601.
3. (3) Credit toward initial licensure. Relevant and applicable uniformed service education, training, national certification, or service-issued credential shall be accepted toward initial licensure.
4. (4) Expiration dates. A license expiration date shall be extended for a deployed uniformed service member or spouse for one hundred eighty (180) days following the date of the uniformed service member's return from deployment.