Minnesota Administrative Rules

4761.2240 LEAD WORKER LICENSE.

Subpart 1.

General requirements.

A.

An individual who performs lead hazard reduction must be licensed as a lead worker under this part, unless the individual is licensed as a lead supervisor.

B.

A lead worker must perform regulated lead work under the supervision of a lead supervisor.

C.

A lead worker license is not transferable.

Subp. 2.

Training requirements; initial license.

To be eligible for an initial license as a lead worker, an applicant must complete:

A.

an initial lead worker training course for which the commissioner has issued a permit under part 4761.2370; or

B.

an initial lead worker training course approved by the EPA or by a state or tribal lead training program authorized by the EPA and a lead worker refresher training course for which the commissioner has issued a permit under part 4761.2370.

Subp. 3.

Expiration; renewal; retraining.

A.

A lead worker license is valid for 12 months after the completion date on the training course diploma for the most recently completed training course. Regulated lead work may not be conducted after the license expires.

B.

A lead worker license may be renewed upon completing a lead worker refresher training course for which a permit has been issued under part 4761.2370.

C.

A lead worker refresher training course must be completed within 36 months after the date on the last issued training course diploma. A refresher training course taken more than 36 months after the date on the last issued training course diploma does not qualify the individual for a renewed license.

D.

An individual who fails to take a refresher training course within 36 months after the date on the last issued training course diploma may not renew the license. The individual must successfully complete an initial lead worker training course to qualify for a new license.

Subp. 4.

Application.

A.

To apply for an initial license as a lead worker, an applicant must submit to the commissioner:

(1)

a completed application on a form provided by the commissioner;

(2)

a $50 nonrefundable application fee payable to the Minnesota Department of Health; and

(3)

a copy of the applicant's original diploma for the initial lead worker training course.

B.

If applying from out of state, an applicant must submit:

(1)

a completed application on a form provided by the commissioner;

(2)

a $50 nonrefundable application fee payable to the Minnesota Department of Health;

(3)

a copy of the applicant's original diploma for the initial lead worker training course or a copy of the current lead worker license from the state that the applicant is licensed in; and

(4)

a copy of the applicant's original diploma from the Minnesota lead worker refresher training course.

Subp. 5.

Renewal application.

A.

An individual licensed as a lead worker must renew the license annually by submitting to the commissioner:

(1)

a completed application on a form provided by the commissioner;

(2)

a $50 nonrefundable renewal application fee payable to the Minnesota Department of Health; and

(3)

a copy of the training course diploma from the most recent lead worker refresher training course as required under subpart 3.

B.

Until the commissioner issues the renewed license, the lead worker may continue to perform lead hazard reduction for up to 30 calendar days from the date of completing the lead worker refresher training course, provided the lead worker:

(1)

has submitted the renewal application to the commissioner; and

(2)

has a copy of the diploma that is issued after completing the lead worker refresher training course. The diploma must be on site and available for review where the regulated lead work is being conducted.

Subp. 6.

Denial; conditions.

The commissioner shall deny an application for a lead worker license if the applicant fails to comply with all applicable requirements in this part. The commissioner may also deny an application or set conditions on a license according to Minnesota Statutes, section 144.99, subdivision 8. If a license application is denied, the applicant:

A.

must be notified in writing of the denied license application and the reasons for the denial; and

B.

is not required to pay a second fee if the applicant submits a second application according to subpart 4 or 5 within 30 days of receiving the notice that the application was denied. Fees are required for all subsequent applications.

Subp. 7.

Duplicate license.

To replace a lost, destroyed, or mutilated lead worker license, the licensed lead worker must submit a completed application for a duplicate lead worker license.

Statutory Authority:

MS s 144.9508

History:

29 SR 531

Published Electronically:

November 29, 2004