16 Del. Admin. Code § 4459-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4459-3.0 - Accreditation of Training Programs and Application and Renewal Requirements

3.1 Accreditation of training programs. It is unlawful for any person or firm to provide training or offer to provide training for any discipline of lead-based paint activity without first possessing an approval from the Secretary as an accredited training program.

3.1.1 Accredited training programs shall offer and provide only training for the disciplines for which they are approved.

3.1.2 The Secretary approves an accredited training program for any firm or business that applies and meets the qualifications specified in these regulations.

3.1.3 A training provider may seek accreditation to offer lead-based paint activities courses in any of the following disciplines: Inspector, Risk Assessor, Supervisor, Project Designer, and Abatement Worker. A training provider may also seek accreditation to offer refresher courses for each of the above listed disciplines.

3.2 Application process. The following are procedures a training provider shall follow to receive accreditation to offer lead-based paint activities courses:

3.2.1 A training provider seeking accreditation shall submit a written application to the Secretary containing the following information:

3.2.1.1 The training provider's business name, address, and telephone number.

3.2.1.2 Written evidence that the applicant's instructor has been approved by the Delaware Department of Education as a training provider if the training is part of any public education curriculum.

3.2.1.3 A list of courses for which it is applying for accreditation.

3.2.1.4 A statement signed by the training program manager certifying that the training program meets the requirements established in these regulations. If a training program uses EPA-recommended model training materials, or training materials approved by the Secretary, the training program manager shall include a statement certifying that, as well.

3.2.1.5 The name and documentation of the qualifications of the training program manager.

3.2.1.6 The names and documentation of qualifications of any principal instructors.

3.2.1.7 If a training provider does not use EPA-recommended model training materials or training materials approved by the Secretary, its application for accreditation shall also include:

3.2.1.7.1 A copy of the student and instructor manuals, or other materials to be used for each course.

3.2.1.7.2 A copy of the course agenda for each course.

3.2.1.8 All training providers shall include in their application for accreditation the following:

3.2.1.8.1 A description of the facilities and equipment to be used for lecture and hands-on training.

3.2.1.8.2 The name, address, and location of the training facility.

3.2.1.8.3 A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course.

3.2.1.8.4 A copy of the quality control plan as described in subsection 3.3.9.

3.2.1.8.5 An electronic payment, a certified check, or a check written on a business account in the appropriate amount made payable to the Division of Public Health.

3.2.1.8.6 A copy of the course test blueprint for each course.

3.2.2 If a training program meets the requirements in subsection 3.3, then the Secretary shall approve the application for accreditation no more than 90 days after receiving a complete application from the training provider. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the Secretary may, at the Secretary's discretion, work with the applicant to address inadequacies in the application for accreditation. The Secretary, within the 90-day period, may also request additional materials retained by the training provider under subsection 3.9. If the Secretary requests additional materials, the time period for approval may extend beyond 90 days. If a training provider's application is disapproved, the provider may reapply for accreditation at any time. Application fees for disapproved training programs will not be refunded.

3.2.3 A training provider may apply for accreditation to offer courses or refresher courses in as many disciplines as it chooses. A training provider may seek accreditation for additional courses at any time as long as the provider can demonstrate that it meets the requirements of this section.

3.3 Requirements for the accreditation of training programs. For a training provider to obtain accreditation from the Secretary to offer lead-based paint activities courses, the program shall meet the following requirements:

3.3.1 The training program shall employ a training manager who has demonstrated experience, education, or training in the construction industry in the areas of lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health or industrial hygiene, and meets 1 of the following requirements:

3.3.1.1 At least 2 years of experience, education, or training in teaching workers or adults, that is satisfactory to the Secretary; or

3.3.1.2 A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or

3.3.1.3 Two years of experience in managing a training program specializing in environmental hazards.

3.3.2 The training manager shall designate a qualified principal instructor for each course who has:

3.3.2.1 Demonstrated experience, education, or training in teaching workers or adults; and

3.3.2.2 Successfully completed at least 16 hours of any EPA-accredited or EPA-authorized State or Tribal-accredited lead-specified training; and

3.3.2.3 Demonstrated experience, education, or training in lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

3.3.3 The principal instructor shall be responsible for the organization of the course, course delivery, and oversight of the teaching of all course material. The training manager may designate guest instructors as needed to for a portion of the course to provide instruction specific to the lecture, hands-on activities, or work practice portions of a course. However, the principal instructor is primarily responsible for teaching the course materials and must be present to provide instruction (or oversight of portions of the course taught by guest instructors) for the course for which he has been designated as the principal instructor.

3.3.4 The following documents shall be accepted as evidence that training managers and principal instructors have the education, work experience, training requirements, or demonstrated experience, specifically listed in subsections 3.3.1 and 3.3.2. This documentation must be submitted with the accreditation application. Those documents include the following:

3.3.4.1 Official academic transcripts or diploma as evidence of meeting the education requirements.

3.3.4.2 Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements.

3.3.4.3 Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements.

3.3.5 The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.

3.3.6 To become accredited in the following disciplines, the training program shall provide training courses that meet the following training requirements.

3.3.6.1 Inspector course - a minimum of 24 training hours, with a minimum of 8 hours devoted to hands-on training activities. The minimum curriculum requirements for the Inspector course are contained in subsection 3.4.1.

3.3.6.2 Risk Assessor course - a minimum of 16 training hours, with a minimum of 4 hours devoted to hands-on training activities. The minimum curriculum requirements for the Risk Assessor course are contained in subsection 3.4.2.

3.3.6.3 Supervisor course - a minimum of 32 training hours, with a minimum of 8 hours devoted to hands-on activities. The minimum curriculum requirements for the Supervisor course are contained in subsection 3.4.3.

3.3.6.4 Project Designer course - a minimum of 8 training hours. The minimum curriculum requirements for the Project Designer course are contained in subsection 3.4.4.

3.3.6.5 Abatement Worker course - a minimum of 16 training hours, with a minimum of 8 hours devoted to hands-on training activities. The minimum curriculum requirements for the Abatement Worker course are contained in subsection 3.4.5.

3.3.7 For each course offered, the training program shall conduct either a course test at the completion of the course, and if applicable, a hands-on skills assessment, or in the alternative, a proficiency test for that discipline. Each student must successfully complete the hands-on skills assessment and receive a passing score on the course test to pass any course, or successfully complete a proficiency test.

3.3.7.1 The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment or proficiency test to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics. For quality assurance, there will be periodic revision of the course assessment or proficiency test.

3.3.7.2 The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics. For quality assurance, there shall be periodic revision of the course assessment or proficiency test. The course test blueprint shall be submitted to the Secretary.

3.3.7.3 The course test shall be developed in accordance with the test blueprint submitted with the training accreditation application.

3.3.8 The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include:

3.3.8.1 The name, unique identification number, and address of the individual.

3.3.8.2 The business name, address and phone number of the accredited training program provider and the name of the training manager.

3.3.8.3 The name of the particular course that the individual completed.

3.3.8.4 Dates of course completion/test passage.

3.3.9 The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This plan shall contain at least the following elements:

3.3.9.1 Procedures for periodic revision of training materials and the course test to reflect innovations in the field.

3.3.9.2 Procedures for the training manager's annual review of principal instructor competency.

3.3.10 The training program shall offer courses that teach the applicable work practice standards for conducting lead-based paint activities contained in Section 5.0. These standards must be taught in the appropriate courses and training environments to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for conducting.

3.3.11 The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in this section.

3.3.12 The training provider and training manager must allow the Secretary to conduct, at the Secretary's discretion, either announced or unannounced audits of the training programs to verify the contents of the application for accreditation as described in subsection 3.2 and to confirm compliance with all program accreditation requirements.

3.3.13 The training manager must provide notification of lead-based paint activities courses offered.

3.3.13.1 The training manager must provide the Secretary with notification of all lead-based paint activities courses offered. The Secretary must receive the original notification at least 7 business days prior to the start date of any lead-based paint activities course.

3.3.13.2 The training manager must provide the Secretary updated notification when lead-based paint activities courses will begin on a date other than the start date specified in the original notification, as follows:

3.3.13.2.1 For lead-based paint activities courses beginning prior to the start date provided to the Secretary, an updated notification must be received by the Secretary at least 7 business days before the new start date.

3.3.13.2.2 For lead-based paint activities courses beginning after the start date provided to the Secretary, an updated notification must be received by the Secretary at least 2 business days before the start date provided to the Secretary.

3.3.13.2.3 The training manager must update the Secretary of any change in location of lead-based paint activities courses at least 7 business days prior to the start date provided to the Secretary.

3.3.13.2.4 The training manager must update the Secretary regarding any course cancellations, or any other change to the original notification. Updated notifications must be received by the Secretary at least 2 business days prior to the start date provided to the Secretary.

3.3.13.2.5 Each notification, including updates, must include the following:

3.3.13.2.5.1 Notification type (original, update, cancellation).

3.3.13.2.5.2 Training program name, the Delaware accreditation number, address, and telephone number.

3.3.13.2.5.3 Course discipline and type (initial/refresher).

3.3.13.2.5.4 Dates and times of training.

3.3.13.2.5.5 Training locations, telephone number, and address.

3.3.13.2.5.6 Principal instructor's name.

3.3.13.2.5.7 Training manager's name and signature.

3.3.13.2.6 Notification must be accomplished using any of the following methods: Written or electronic notification to the Secretary. Written and electronic notifications of lead-based paint activities course schedules can be accomplished by using the guidance and sample form provided online at http://dhss.delaware.gov/dhss/dph/hsp/leadregcomm.html. All written notifications must be delivered by U.S. Postal Service, fax. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow 3 additional business days for delivery in order to ensure that the Secretary receives the notification by the required date).

3.3.13.2.7 Lead-based paint activities courses must not begin on a date, or at a location other than that specified in the original notification unless an updated notification identifying a new start date or location is submitted, in which case the course must begin on the new start date or location specified in the updated notification.

3.3.13.2.8 No training program shall provide lead-based paint activities courses without first notifying the Secretary of such activities in accordance with the requirements of subsection 3.3.13.

3.3.14 The training manager must provide notification following completion of lead-based paint activities courses.

3.3.14.1 The training manager must provide the Secretary notification after the completion of any lead-based paint activities course. This notice must be received by the Secretary no later than 10 business days following course completion.

3.3.14.2 The notification must include the following:

3.3.14.2.1 Training program name, the Delaware accreditation number, address, and telephone number.

3.3.14.2.2 Course discipline and type (initial/refresher).

3.3.14.2.3 Dates of training.

3.3.14.2.4 The following information for each student who took the course:

3.3.14.2.4.1 Name.

3.3.14.2.4.2 Address.

3.3.14.2.4.3 Date of birth.

3.3.14.2.4.4 Course completion certificate number.

3.3.14.2.4.5 Course test score.

3.3.14.2.4.6 A digital photograph of the student.

3.3.14.2.5 Training manager's name and signature.

3.3.14.3 Notification must be accomplished using any of the following methods: Written or electronic notification to the Secretary. Written and electronic notifications following lead-based paint activities training courses can be accomplished by using the guidance and sample form provided online at http://dhss.delaware.gov/dhss/dph/hsp/leadregcomm.html. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow 3 additional business days for delivery in order to ensure that the Secretary receives the notification by the required date).

3.4 Minimum training curriculum requirements. To become accredited to offer lead-based paint courses in the specific disciplines listed in this Section, training programs must ensure that their courses of study include, at a minimum, the following course topics. Requirements ending in an asterisk (*) indicate areas that require hands-on activities as integral portions of the course.

3.4.1 Inspector.

3.4.1.1 Role and responsibilities of an Inspector.

3.4.1.2 Background information on lead and its adverse health effects.

3.4.1.3 Background information on Federal, State of Delaware, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.

3.4.1.4 Liability and insurance issues relating to lead-based paint abatement.

3.4.1.5 Lead-based paint inspection methods, including selection of rooms, and components for sampling or testing.*

3.4.1.6 Paint, dust, and soil sampling methodologies.*

3.4.1.7 Clearance standards and testing, including random sampling.*

3.4.1.8 Preparation of the final written, or electronic equivalent, inspection report.*

3.4.1.9 Record keeping.

3.4.2 Risk Assessor.

3.4.2.1 Role and responsibilities of a Risk Assessor.

3.4.2.2 Collection of background information to perform a risk assessment.

3.4.2.3 Sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging, and food.

3.4.2.4 Liability and insurance issues relating to lead-based paint abatement.

3.4.2.5 Visual inspection for the purposes of identifying potential sources of lead-based paint hazards.*

3.4.2.6 Lead hazard screen protocol.

3.4.2.7 Sampling for the other sources of lead exposure.*

3.4.2.8 Interpretations of lead-based paint and other lead sampling results, including all applicable State of Delaware or Federal guidance or regulations pertaining to lead-based paint hazards.*

3.4.2.9 Development of hazard control options, the role of interim controls and operations and maintenance activities to reduce lead-based paint hazards.

3.4.2.10 Preparation of a final written, or electronic equivalent, risk assessment report.

3.4.3 Supervisor.

3.4.3.1 Role and responsibilities of a Supervisor.

3.4.3.2 Background information on lead and its adverse health effects.

3.4.3.3 Background information on Federal, State of Delaware, and local regulations and guidance that pertain to lead-based paint abatement.

3.4.3.4 Liability and insurance issues relating to lead-based paint abatement.

3.4.3.5 Risk assessment and inspection report interpretation.*

3.4.3.6 Development and implementation of an occupant protection plan and abatement report.

3.4.3.7 Lead-based paint hazard recognition and control.*

3.4.3.8 Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.*

3.4.3.9 Interior dust abatement/cleanup or lead-based paint hazard control and reduction methods.*

3.4.3.10 Soil and exterior dust abatement or lead-based paint hazard control and reduction methods.*

3.4.3.11 Clearance standards and testing.*

3.4.3.12 Cleanup and waste disposal.

3.4.3.13 Record keeping.

3.4.4 Project Designer.

3.4.4.1 Role and responsibilities of a Project Designer.

3.4.4.2 Liability and insurance issues relating to lead-based paint abatement.

3.4.4.3 Development and implementation of an occupant protection plan for large scale abatement projects.

3.4.4.4 Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large scale abatement projects.

3.4.4.5 Interior dust abatement/cleanup or lead hazard control and reduction methods for large scale abatement projects.

3.4.4.6 Clearance standards and testing for large scale abatement projects.

3.4.4.7 Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects.

3.4.5 Abatement Worker.

3.4.5.1 Role and responsibilities of an Abatement Worker.

3.4.5.2 Background information on lead and its adverse health effects.

3.4.5.3 Background information on Federal, State of Delaware, and local regulations and guidance that pertain to lead-based paint abatement.

3.4.5.4 Lead-based paint hazard recognition and control.*

3.4.5.5 Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.*

3.4.5.6 Interior dust abatement methods/cleanup or lead-based paint hazard reduction.*

3.4.5.7 Soil and exterior dust abatement methods or lead-based paint hazard reduction.*

3.5 Requirements for the accreditation of refresher training programs. A training provider may seek accreditation to offer refresher training courses in any of the following disciplines: Inspector, Risk Assessor, Supervisor, Project Designer, and Abatement Worker. To obtain accreditation to offer refresher training, a training provider must meet the following minimum requirements.

3.5.1 Refresher courses shall review the curriculum topics of the full-length course listed under subsection 3.4, as appropriate. In addition, to become accredited to offer refresher training courses, training providers shall ensure their courses of study include, at a minimum, the following:

3.5.1.1 An overview of current safety practices relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.

3.5.1.2 Current laws and regulations relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

3.5.1.3 Current technologies relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.

3.5.2 Each refresher course, except for the project designer course, shall last a minimum of 8 training hours. The Project Designer refresher course shall last a minimum of 4 training hours. Refresher courses for all disciplines, except Project Designer, must include a hands-on portion.

3.5.3 For each refresher course offered (except Project Designer), the training provider shall conduct both a hands-on assessment, and at the completion of the course, a course test.

3.5.4 A training provider may apply for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course as described in subsection 3.2. If so, the Secretary shall use the approval process described in subsection 3.2. In addition, the minimum requirements contained in subsection 3.3, except for requirements in subsection 3.3.6 and subsections 3.5.1, 3.5.2, and 3.5.3 shall also apply to the refresher course.

3.5.5 A training provider seeking accreditation to offer refresher training courses only shall submit to the Secretary a written application containing the following information:

3.5.5.1 The refresher course training provider's name, address, and telephone number.

3.5.5.2 A list of courses for which it is applying for accreditation.

3.5.5.3 The name and documentation of the qualifications of the training program manager.

3.5.5.4 The names and documentation of the qualifications of the principal instructor.

3.5.5.5 A statement signed by the training program manager certifying that the refresher training program meets the requirements established in subsection 3.3, except for the requirements in subsection 3.3.6. If a training program uses EPA-recommended model training materials, or training materials approved by the Secretary, the training program manager shall include a statement certifying that, as well.

3.5.5.6 If the refresher training course materials are not based on EPA-developed training materials or training materials approved by the Secretary, the training provider's application for accreditation shall include:

3.5.5.6.1 A copy of the student and instructor manuals to be used for each course.

3.5.5.6.2 A copy of the course agenda for each course.

3.5.5.7 All refresher training providers shall include in their application for accreditation the following:

3.5.5.7.1 A description of the facilities and equipment to be used for lecture and hands-on training.

3.5.5.7.2 The name, address, and location of the training facility.

3.5.5.7.3 A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course, if applicable.

3.5.5.7.4 A copy of the quality control plan as described in subsection 3.3.9.

3.5.5.7.5 A certified check or a check written on a business account in the appropriate amount made payable to the Division of Public Health.

3.5.5.7.6 A copy of the course test blueprint for each course.

3.5.5.8 The requirements in subsections 3.3.1 through 3.3.5 and subsections 3.3.7 through 3.3.14 apply to refresher training providers.

3.5.5.9 If a refresher training program meets these requirements, the Secretary shall approve the application for accreditation no more than 90 days after receiving a complete application from the refresher training provider. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the Secretary may, at the Secretary's discretion, work with the applicant to address inadequacies in the application for accreditation. The Secretary, within the 90-day period, may also request additional materials. If the Secretary requests additional materials, the time period for approval may extend beyond 90 days. If a refresher training provider's application is disapproved, the program provider may reapply for accreditation at any time. Application fees for disapproved refresher training programs will not be refunded.

3.6 Re-accreditation of training programs.

3.6.1 Unless re-accredited, a training program's accreditation (including refresher training accreditation) shall expire 2 years after the date of issuance. If a training program meets the requirements of this section, the training program shall be re-accredited.

3.6.2 A training provider seeking program re-accreditation shall submit an application no later than 180 days before its accreditation expires.

3.6.3 The training provider's application for program re-accreditation shall contain:

3.6.3.1 The training provider's name, address, and telephone number.

3.6.3.2 A list of courses for which it is applying for re-accreditation.

3.6.3.3 The name and qualifications of the training program manager.

3.6.3.4 The names and qualifications of the principal instructors.

3.6.3.5 A description of any material changes to the training facility, equipment or course materials since its last application was approved.

3.6.3.6 A statement signed by the program manager stating:

3.6.3.6.1 That the training program complies at all times with all requirements in subsections 3.3 and 3.5, as applicable; and

3.6.3.6.2 The record keeping and reporting requirements in subsection 3.9 shall be followed.

3.6.3.7 A certified check or a check written on a business account in the appropriate amount made payable to the Division of Public Health.

3.6.4 The Secretary has the authority to audit the training program to verify the contents of the application for re-accreditation as described in subsection 3.6.3. The training provider shall allow the Secretary to audit the training program.

3.7 Suspension, revocation, and modification of accredited training programs.

3.7.1 The Secretary may, after notice, and an opportunity for hearing, suspend, revoke, or modify training provider or program accreditation, including refresher training accreditation, if a training provider, training manager, or other person with supervisory authority over the training program has:

3.7.1.1 Misrepresented the contents of a training course.

3.7.1.2 Failed to submit required information or notifications in a timely manner.

3.7.1.3 Failed to maintain required records.

3.7.1.4 Falsified accreditation records, instructor qualifications, or other accreditation-related information or documentation.

3.7.1.5 Failed to comply with the training standards and requirements in this section.

3.7.1.6 Failed to comply with Federal, State of Delaware, or local lead-based paint statutes or regulations.

3.7.1.7 Made false or misleading statements in its application for accreditation or re-accreditation.

3.7.1.8 Denied the Secretary access to enter premises or facilities where training providers and training programs conduct business to execute reasonable inspection to ensure compliance with regulations.

3.7.2 In addition to an administrative or judicial finding of violation in any jurisdiction, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations.

3.8 Procedures for suspension, revocation, or modification of training program accreditation.

3.8.1 Prior to taking action to suspend, revoke, or modify the accreditation of a training provider or program, the Secretary shall notify the affected entity in writing of the following:

3.8.1.1 The legal and factual basis for the suspension, revocation, or modification.

3.8.1.2 The anticipated commencement date and duration of suspension, revocation, or modification.

3.8.1.3 Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or to receive accreditation in the future.

3.8.1.4 The opportunity and method for requesting a hearing prior to final action to suspend, revoke, or modify accreditation.

3.8.1.5 Any additional information which the Secretary may provide.

3.8.2 If a hearing is requested by the accredited training provider, the Secretary shall:

3.8.2.1 Provide the affected entity an opportunity to offer written statements in response to the Secretary's assertions of the legal and factual basis for its proposed action, and any other explanations, comments, and arguments it deems relevant to the proposed action.

3.8.2.2 Provide the affected entity such other procedural opportunities as the Secretary may deem appropriate to ensure a fair and impartial hearing.

3.8.2.3 Appoint an official Hearing Officer. No person shall serve as Hearing Officer if the person has had any prior involvement with the specific matter.

3.8.3 The Hearing Officer appointed pursuant to subsection 3.8.2 shall:

3.8.3.1 Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing.

3.8.3.2 Consider all relevant evidence, explanation, comment, and argument submitted.

3.8.3.3 Notify the Secretary in writing within 45 days of completion of the hearing of the Hearing Officer's decision. The Secretary shall either accept or reject the decision. If accepted, the Secretary issues a final order within 45 of receiving the Hearing Officer's decision. Such an order is a final agency action, which may be subject to judicial review.

3.8.4 If the Secretary determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any training provider or program prior to the opportunity for a hearing, or if the training provider or program denies the Secretary access for purposes of inspection, the Secretary shall:

3.8.4.1 Notify the affected entity of its intent to immediately suspend training program accreditation for the reasons listed in subsection 3.7.1. If a suspension, revocation, or modification notice has not previously been issued pursuant to subsection 3.7.1, it shall be issued at the same time the emergency suspension notice is issued.

3.8.4.2 Notify the affected entity in writing of the grounds for the immediate suspension and why it is necessary to suspend the entity's accreditation before an opportunity for a suspension, revocation, or modification hearing.

3.8.4.3 Notify the affected entity of the anticipated commencement date and duration of the immediate suspension.

3.8.4.4 Notify the affected entity of its right to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing.

3.8.5 Any notice, decision, or order issued by the Secretary under this section, any transcripts or other verbatim record of oral testimony, and any documents filed by an accredited training provider in a hearing under this section shall be available to the public. Any such hearing at which oral testimony is presented shall be open to the public, except that the Hearing Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment.

3.8.6 The public shall be notified of the suspension, revocation, modification, or reinstatement of a training program's accreditation through appropriate mechanisms.

3.9 Training program record keeping requirements.

3.9.1 Accredited training providers shall maintain, and make available to the Secretary, upon request, the following records:

3.9.1.1 All documents specified in subsection 3.3.4 that demonstrate the qualifications of the training manager and principal instructors listed in subsections 3.3.1 and 3.3.2.

3.9.1.2 Current curriculum/course materials and documents reflecting any changes made to these materials.

3.9.1.3 Information regarding how the hands-on assessment is conducted, including, but not limited to:

3.9.1.3.1 Who conducts the assessment.

3.9.1.3.2 How the skills are graded.

3.9.1.3.3 What facilities are used.

3.9.1.3.4 The pass/fail rate.

3.9.1.4 The quality control plan as described in subsection 3.3.9.

3.9.1.5 Results of the students' hands-on skills assessments and course tests, and a record of each student's course completion certificate.

3.9.1.6 The course test blueprint.

3.9.1.7 Any other material not listed above in subsections 3.9.1.1 through 3.9.1.6 that was submitted to the Secretary as part of the program's application for accreditation.

3.9.2 The training provider shall retain these records at the address specified on the training provider accreditation application or as modified in accordance with subsection 3.9.3 for a minimum of 3 years and 6 months.

3.9.3 The training provider shall notify the Secretary in writing within 30 days of changing the address specified on its training program accreditation application or transferring the records from that address.

3.10 Amendment of accreditation.

3.10.1 A training provider must amend its program accreditation within 90 days of the date a change occurs to information included in the program's most recent application. If the training provider fails to amend its program accreditation within 90 days of the date the change occurs, the program may not provide training until its accreditation is amended.

3.10.2 To amend an accreditation, a training provider must submit a completed "Accreditation Application for Training Providers," signed by an authorized agent of the training provider, noting on the form that it is submitted as an amendment and indicating the information that has changed.

3.10.3 If the amendment includes a new training program manager, any new or additional principal instructors, or any new permanent training locations, the training provider is not permitted to provide training under the new training manager or offer courses taught by any new principal instructors or at the new training locations until the Secretary approves the amendment or 30 days have elapsed, whichever occurs earlier. Except:

3.10.3.1 If the amendment includes a new training program manager or new or additional principal instructor that was identified in a training provider accreditation application that EPA has already approved under this section, the training provider may begin to provide training under the new training manager or offer courses taught by the new principal instructor on an interim basis as soon as the provider submits the amendment to the Secretary. The training provider may continue to provide training under the new training manager or offer courses taught by the new principal instructor if the Secretary approves the amendment or does not disapprove the amendment within 30 days.

3.10.3.2 If the amendment includes a new permanent training location, the training provider may begin to provide training at the new permanent training location on an interim basis as soon as the provider submits the amendment to the Secretary. The training provider may continue to provide training at the new permanent training location if the Secretary approves the amendment or does not disapprove the amendment within 30 days.

3.11 Inspections.

3.11.1 To execute reasonable inspections and ensure compliance with these regulations, the Secretary has the authority to enter premises or facilities where certified firms and training programs conduct business and training programs.

16 Del. Admin. Code § 4459-3.0

16 DE Reg. 537 (11/01/12)
26 DE Reg. 697 (2/1/2023)
27 DE Reg. 766 (4/1/2024) (Final)