1.  Certification and licensing.  The board shall adopt and amend rules necessary to govern the licensing of business or public entities, including, but not limited to, lead abatement contractors and in-house lead abatement units, the accreditation of lead training providers and the certification of lead abatement professionals.  

[PL 1997, c. 375, §14 (NEW).]

Terms Used In Maine Revised Statutes Title 38 Sec. 1293

  • Abatement: includes , but is not limited to:  
A. See Maine Revised Statutes Title 38 Sec. 1291
  • Certificate: means a document issued to an individual by the commissioner affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as a lead professional. See Maine Revised Statutes Title 38 Sec. 1291
  • Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • License: means a document issued by the commissioner to a business entity or public entity, including, but not limited to, a lead abatement contractor, an in-house lead abatement unit or a lead training provider, affirming that the entity has met the requirements set forth in this chapter to engage in lead-based paint activities. See Maine Revised Statutes Title 38 Sec. 1291
  • Training manager: means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors. See Maine Revised Statutes Title 38 Sec. 1291
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
  • 2.  Approval of training courses.  The board shall adopt and amend rules establishing criteria and procedures for the approval of training courses and examinations that ensure the qualifications of applicants for certification as required in this chapter. These rules are routine, technical rules in accordance with Title 5, chapter 375, subchapter II-A. To ensure a smooth transition period before the adoption of accreditation rules in conformance with the requirements of this chapter, the commissioner shall provide for interim accreditation of training providers by establishing procedures in accordance with 40 Code of Federal Regulations, Part 745, Subpart L, Section 745.228.  
    To qualify for approval, a training course must contain a combination of class instruction, practical application and public health procedures of a length and content that ensure adequate training for the level and type of responsibility for each named certification category.  
    Courses certified under this section must be conducted by instructors whose training and experience are determined by the commissioner to be appropriate for the subject matter being taught and the level of certification category for which the course is designed. Courses must be designed and conducted under the guidance of a training manager.  

    [PL 1997, c. 375, §14 (NEW).]

    3.  Renewal.  A license or certificate issued under this chapter expires one year after the date of issue. A licensee or certificate holder may apply to the commissioner for the renewal of a license or certificate. A renewal may not be granted if the application is received more than 2 years following expiration of the previously issued license or certificate.  
    To qualify for renewal of a license or certificate, the applicant must submit:  
    A. The appropriate fees as prescribed by rule pursuant to section 1295;   [PL 1997, c. 375, §14 (NEW).]
    B. Evidence of completion of any continuing education or training that may be required by rules adopted by the board; and   [PL 1997, c. 375, §14 (NEW).]
    C. A signed statement disclosing any violations of lead abatement standards for which the applicant may have been cited by a regulatory agency of the Federal Government or the State. If no citations were received during the previous year, that fact must be stated. The disclosure must include evidence that all penalties and fees assessed to the applicant are paid in full.   [PL 1997, c. 375, §14 (NEW).]

    [PL 1997, c. 375, §14 (NEW).]

    SECTION HISTORY

    PL 1997, c. 375, §14 (NEW).