PURPOSE: This rule provides the requirements for a temporary risk assessor license.

1. (1) Only individuals possessing a valid Missouri lead inspector license on August 28, 1998, may apply for a risk assessor license pursuant to this rule. All other risk assessor applicants must apply pursuant to 19 CSR 30-70.140. No person may apply for a risk assessor license pursuant to this rule after December 1, 2000.
2. (2) Completed applications shall be mailed to the Missouri Department of Health, P.O. Box 570, Jefferson City, MO 65102-0570.

3. (3) The application shall include the following:

   1. (A) A completed lead occupation license application form provided by the Office of Lead Licensing and Accreditation (OLLA) which shall include:

      1. 1. The applicant’s full legal name, home

address, and telephone number;

1. 2. The name, address, and telephone

number of the applicant’s current employer;

1. 3. The applicant’s Social Security num-

ber;

1. 4. The county or counties in which the

applicant is employed;

1. 5. The location where the applicant

would like to receive correspondence regarding his or her application or license;

1. 6. Name of training provider, certificate

identification number and dates of course completion; and

1. 7. Signature of the applicant which cer-

tifies that all information in the application is complete and true to the best of the applicant’s knowledge and that the applicant will comply with applicable state statutes and regulations;

1. (B) A copy of the OLLA- or Environmental Protection Agency (EPA)-accredited risk assessor refresher training course completion certificate; and
2. (C) Two (2) recent passport-size color photographs of the applicant’s face without a hat or sunglasses (computer generated or photocopied photographs are not acceptable).

1. (4) An applicant for a temporary risk assessor license shall apply to OLLA within one
2. (1) year from the date on the completion certificate from an OLLA- or EPA-accredited risk assessor refresher training provider. Applicants failing to apply within these restrictions shall apply pursuant to 19 CSR 30-70.140.
3. (5) Training Requirements for a Temporary Risk Assessor License. An applicant for a license as a risk assessor shall complete an OLLA- or EPA-accredited risk assessor refresher training course (see 19 CSR 30- 70.380) and pass the course examination with a score of seventy percent (70%) or more.

4. (6) Procedure for Issuance or Denial of a Temporary Risk Assessor License.

   1. (A) OLLA will inform the applicant in writing that the application is either approved, incomplete, or denied.

      1. 1. If an application is incomplete, the

notice will include a list of additional information or documentation required to complete the application.

1. A. Within thirty (30) calendar days

after the issuance date of the notice of incomplete application, the applicant shall submit to OLLA in writing the information requested in the written notice.

1. B. Failure to submit the information

requested in the written notice within thirty (30) calendar days shall result in OLLA’s denial of the applicant’s application for a risk assessor license.

1. C. After receipt of the information

requested in the written notice, OLLA will inform the applicant in writing that the application is either approved or denied.

1. 2. When an application for a risk asses-

sor license is denied, the written notice of denial to the applicant will specify the reasons for the denial. OLLA may deny a tem- 19 CSR 30-70

porary risk assessor license for any one (1) or any combination of the following reasons:

1. A. Type and amount of training;
2. B. False or misleading statements in

the application;

1. C. Failure to pass the state examina-

tion after two (2) attempts;

1. D. Failure to submit a complete

application;

1. E. History of citations or violations of

existing lead abatement regulations or standards;

1. F. Violations of 29 CFR part 1926.62

or 29 CFR part 1926.59;

1. G. Fraud or failure to disclose facts

relevant to his or her application;

1. H. Conviction of a felony under any

state or federal law or having entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any state or of the United States;

1. I. Permitting the duplication or use by

another of the individual’s training certificate;

1. J. Other information which may affect

the applicant’s ability to appropriately perform lead-bearing substance activities;

1. K. Failure to comply with any state or

federal law or regulation, including, but not limited to, any part of sections 701.300 through 701.338, RSMo, or any rules promulgated pursuant to these sections; or

1. L. Final disciplinary action against a

licensee by another state, territory, federal agency or country, whether or not voluntarily agreed to by the licensee, including, but not limited to, the denial of licensure, surrender of the license, allowing the license to expire or lapse, or discontinuing or restricting the license while subject to investigation or while actually under investigation by another state, territory, or federal agency or country.

1. 3. If an application is denied, the appli-

cant may reapply to OLLA for a risk assessor license, by submitting a complete lead occupation license application form pursuant to 19 CSR 30-70.140.

1. 4. If an applicant is aggrieved by a

determination to deny licensure, the applicant may appeal OLLA’s denial to the Administrative Hearing Commission as provided by section 621.045, RSMo.

1. (B) Within thirty (30) days after the issuance date of application approval, the applicant shall attain a passing score on the state risk assessor examination.

   1. 1. An applicant cannot sit for the state

examination more than twice within thirty (30) calendar days after the issuance date of the notice of an approved application.

1. 2. If an applicant fails to pass the state

examination on the second attempt, the applicant’s application for a risk assessor is considered denied. The individual may reapply to OLLA pursuant to 19 CSR 30-70.140 but only after retaking the OLLA- or EPA- accredited risk assessor training course.

1. (C) After the applicant passes the state risk assessor examination, OLLA will issue a risk assessor license certificate and photo identification badge. This license will expire on the same date as the lead inspector license used to fulfill the requirement of section (1) of this regulation.

AUTHORITY: sections 701.301 and 701.312, RSMo Supp. 1998.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000. *Original authority: 701.301, RSMo 1998 and 701.312, RSMo 1993, amended 1998.