(b) Definitions. As used in this section, the following terms are defined as follows:

1. (1) “College/unit semester/quarter hour” means credit for an approved college course;

2. (2)

   1. (A) “Continuing education unit (CEU)” means the unit of credit customarily used for continuing education courses.
   2. (B) One (1) continuing education unit equals ten (10) hours of classroom experience in an approved education course;
3. (3) “Course/activity” means any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the certified contractor or consultant’s field of practice; and

4. (4)

   1. (A) “Professional development hours (PDH)” means a contact hour (nominal) of instruction or presentation.
   2. (B) “Professional development hours” is the common denominator for other units of credit.

(c) Requirements.

1. (1)

   1. (A) Every Phase I consultant shall be required to report a cumulative of fifteen (15) PDH units per year for each renewal period.
   2. (B) If a registrant exceeds the annual requirement in any renewal period, a maximum of fifteen (15) PDH units may be carried forward into the subsequent renewal period.

2. (2) Certified clandestine laboratory remediation contractors seeking biennial renewal of their certificate shall annually conduct and maintain documentation for the successful completion of:

   1. (A) At least eight (8) hours of United States Occupational Safety and Health Administration HAZWOPER refresher training as prescribed by 29 C.F.R. § 1910.120(e); and
   2. (B) At least eight (8) hours of additional training related to clandestine laboratory investigation or remediation.

(d) PDH units may be earned as follows:

1. (1) Successful completion of college courses;
2. (2) Successful completion of continuing education courses;
3. (3) Successful completion of correspondence, televised, videotaped, audiotape, and other short courses/tutorials; and
4. (4) Presenting or attending qualifying seminars, in-house courses, workshops, or professional, technical, or managerial presentations made at meetings, conventions, or conferences.

(e) Units. The conversion of other units of credit to PDH units are as follows:

1. (1) One (1) college or unit semester course equals thirty (30) PDH;
2. (2) One (1) college or unit quarter course equals fifteen (15) PDH;
3. (3) One (1) continuing education unit equals ten (10) PDH;
4. (4) One (1) hour of professional development in course work, seminars, or professional, or management, or technical presentations made at meetings, conventions, or conferences equals one (1) PDH; and
5. (5) For teaching items in subdivisions (e)(1) – (4) of this section, apply a multiple of two (2) (teaching credit is valid for teaching a course or seminar for the first time only).

(f)

1. (1) Determination of credit. The Division of Environmental Quality has final authority with respect to approval of courses, credit, PDH value for courses, and other methods of earning credit.
2. (2) Credit for college or community college approved courses will be based upon credit established by the college.

3. (3)

   1. (A) Credit for qualifying seminars and workshops will be based on one (1) PDH unit for each hour of attendance.
   2. (B) Attendance at qualifying programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.
4. (4) The types of training and continuing education required by this subpart which may be eligible for approval include instructional courses, seminars, or conferences sponsored by the division, the United States Environmental Protection Agency, educational institutions, independent professional or trade associations, manufacturers, or firms engaged in environmental site assessment or hazardous substance management or remediation.
5. (5) Course content must be related to work performed by persons performing environmental site assessment or hazardous substance management or remediation.

(g) Training records.

1. (1) Each Phase I consultant or certified clandestine laboratory remediation contractor shall maintain records to document his or her qualifications and continuing education participation.
2. (2) The responsibility of maintaining records to be used to support credits claimed is the responsibility of the Phase I consultant or the certified clandestine laboratory remediation contractor.

3. (3) Records required include, but are not limited to:

   1. (A) A log showing:

(i) The type of activity claimed;

1. (ii) Sponsoring organization;

   1. (iii) Location;

      1. (iv) Duration;
      2. (v) Instructor’s or speaker’s name; and
      3. (vi) PDH credits earned; or
   2. (B) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance furnished by the organization sponsoring the approved training or continuing education.
2. (4) These records must be maintained for a period of three (3) years or in compliance with any applicable state requirements, and copies may be requested by the division for audit verification purposes.

(h) Exemptions. A person may be exempt from the professional development education requirements for one (1) of the following reasons:

1. (1) A person serving on temporary active duty in the United States Armed Forces for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining professional development hours required during that year; or

2. (2)

   1. (A) Persons experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the division may be exempt.

   2. (B) Supporting documentation must be furnished to the division.

      1. (i) Noncompliance.
3. (1) The certification of a person who does not satisfy the continuing education requirements at renewal time will be suspended and the certificate holder notified of that status.
4. (2) The consultant will have six (6) months from the renewal date to satisfy that condition or his or her certification will be revoked.