1. (a) Within 30 calendar days of receipt of an application for certification, interim certification or renewal, the Department shall inform the applicant in writing that the application is either complete or incomplete and what additional information or documentation is required to complete the application.

   1. (1) If an applicant submits required information or documentation within 30 days from the issuance date of the notice of incompleteness, the Department shall issue a written notice of completeness.
   2. (2) If an applicant fails to submit required information or documentation within 180 days from the issuance date of the notice of incompleteness, the application shall be deemed to be abandoned and reapplication shall be required.
   3. (3) An application may be withdrawn or amended only by written request to the Department.

2. (b) Within 60 calendar days from the issuance date of the notice of completeness, the Department shall grant or deny interim certification, renewal, or permission to sit for the Department's lead certification examination in the certification discipline applied for.

   1. (1) If denied, the Department shall state, in writing, the reasons for denial.
   2. (2) If granted, an interim certificate, renewal, or permission notice shall be sent to the applicant and the issuance date of the interim certificate, renewal, or permission notice shall be the effective date of interim certification, renewal, or permission notice.

3. (c) Within 30 calendar days from the date an individual passes the lead certification examination in the certification discipline applied for, the Department shall grant or deny certification.

   1. (1) Individuals who fail to pass the lead certification examination in the certification discipline applied for within 180 days from the issuance date of the permission notice, shall retake the CDPH-approved lead-related construction course in that discipline, and comply with Section 35095, excepting subsections 35095(a)(3)(B), 35095(a)(3)(C), 35095(a)(3)(D), and 35095(a)(4), to be eligible to re-apply for permission to sit for the lead certification examination.
   2. (2) An individual shall take the lead certification examination no more than three times within 180 days from the issuance date of the permission notice.

4. (d) Processing Time:

   1. (1) Pursuant to the Permit Reform Act, Government Code section 15376, the minimum, median, and maximum elapsed time to process a completed application for a certificate or interim certificate and issue a written notification of approval shall be as follows:

      1. (A) Minimum: 15 calendar days.
      2. (B) Median: 120 calendar days.
      3. (C) Maximum: 270 calendar days.
   2. (2) The Department may exceed the maximum time as provided above if the applicant requests in writing a delay of consideration of the application or issuance of a certificate or interim certificate.

5. (e) In making a determination of whether to grant, deny, or renew certification or interim certification, or permission to sit for a lead certification examination, the Department may take into consideration various factors, including, but not limited to, the following:

   1. (1) Failure to satisfy eligibility requirements for certification or interim certification;
   2. (2) Type and amount of lead-related construction training;
   3. (3) Failure to provide further required documentation or information requested by the Department;
   4. (4) Past history of citations or violations of existing regulations or standards;
   5. (5) Past history of revocation of a Certificate or Interim Certificate; or
   6. (6) False or misleading statements in the application.

6. (f) Certification or interim certification shall be non-transferable and shall be effective for a period of one year.

   1. (1) Certified or interim certified individuals shall complete a minimum of seven contact hours of continuing education instruction every two years to be eligible to apply for certification or interim certification renewal.
   2. (2) Certified individuals applying for renewal more than three years after the expiration date of the certificate or interim certificate shall retake the required CDPH-approved lead-related construction course and comply with section 35095(a)(3)(A), 35095(b) to be eligible to apply for certification renewal.

Note: Authority cited: Sections 105250, 124160 and 131200, Health and Safety Code. Reference: Sections 105250, 124160 and 131051, Health and Safety Code.

History

1. New section filed 6-27-94 as an emergency; operative 6-27-94 (Register 94, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-94 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 10-21-94 as an emergency; operative 10-26-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 10-21-94 order transmitted to OAL 2-23-95 and filed 4-5-95 (Register 95, No. 14).

4. Amendment of section and Note filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section and Note refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 7-20-98 order, including amendment of subsection (c)(2), transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).

7. Amendment of subsections (c)(1) and (f)(2) and Note filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).