Section 326 IAC 18-2.1-3 - Asbestos license applicationAuthority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-6
Affected: IC 13-17
Sec. 3.
(a) A person seeking an initial asbestos license from the department as an inspector, management planner, project designer, project supervisor, or worker shall complete the following:(1) Submit a completed application:(A) in writing on forms provided by the department; or(B) through the asbestos online licensing program.(2) Provide a copy of all certificates of training for approved initial and, if applicable, refresher training courses indicating:(A) the courses were successfully completed; and(B) passing scores were obtained on all written examinations.(3) Pay the license application fee specified in section 7 of this rule.(b) A person seeking an initial asbestos license from the department as an asbestos abatement contractor shall complete the following:(1) Submit a completed application in writing on forms provided by the department.(2) Provide a statement that the person has read and understands this rule, 40 CFR 763, Subpart E*, and 326 IAC 14-10.(3) Provide a copy of all required certificates of training indicating the person, or the asbestos abatement contractor's designated employee: (A) successfully completed the approved initial and any requisite refresher training courses for project supervisor or asbestos abatement contractor; and(B) received passing scores on all written examinations for the courses.(4) Provide a complete list of prior contracts for the previous twelve (12) months for asbestos projects, including names, addresses, electronic mail addresses, and telephone numbers of persons for whom projects were performed.(5) Provide an up-to-date copy of the asbestos abatement contractor's written standard operating procedures, which include current compliance procedures, for the following regulatory programs: (6) Provide a description of any asbestos projects that the asbestos abatement contractor conducted that were prematurely terminated or not completed, including the circumstances surrounding the termination.(7) Provide a list of any contractual penalties that the asbestos abatement contractor has paid for noncompliance with contract specifications.(8) Provide copies of all warning letters, notices, and orders issued by the commissioner, agreed orders, citations, notices of violation, or findings of violation, levied against the asbestos abatement contractor by any federal, state, or local governmental agency for violations of regulations or other laws pertaining to asbestos activities, including:(A) the names and locations of the projects;(B) the dates of the projects; and(C) a description of how the allegations were resolved.(9) Provide a description detailing all: (C) warning letters from the commissioner; or(D) claims; that have been filed or levied against the asbestos abatement contractor or any past or present employees while employed by the asbestos abatement contractor, for asbestos-related activities.(10) Provide documentation of the asbestos abatement contractor's financial responsibility with a current certificate of insurance documenting that the asbestos abatement contractor carries asbestos liability insurance in the amount of at least five hundred thousand dollars ($500,000) for the implementation of asbestos projects from a company recognized or licensed by the Indiana department of insurance to provide asbestos coverage.(11) Pay the license application fee specified in section 7 of this rule.(c) The department shall review and process an application for an asbestos license as follows: (1) The department shall not process applications on a walk-in basis or process applications over the telephone.(2) The department shall determine if the information on the application is complete and, if not, the applicant must submit the missing information requested by the department within one (1) year of the department's receipt of the application or the application expires and the fee is not transferable or refundable.(3) The department shall make a determination on the eligibility of the applicant.(4) In addition to the requirements of subsections (a)(2) and (b)(3), the department may require an applicant or a designated employee of an asbestos abatement contractor, in the case of subsection (b)(3), to take an examination administered by the department as follows:(A) The examination must cover only the discipline for which the applicant is seeking a license.(B) The department shall deny the application if the applicant does not receive a passing score of at least seventy percent (70%) correct answers.(C) If the department denies the application, the certificate of training is invalid, and the applicant must retake and pass the initial training course for the discipline for which the applicant is seeking a license.(5) The department may deny an application for an asbestos license based on:(A) the criteria listed in section 5 of this rule, as applicable; or(B) failure to comply with any other provision of this rule.(6) The department shall issue an asbestos license to a person who fulfills the requirements established by this rule via the United States Postal Service to the address listed on the application.(d) An asbestos license is valid for one (1) year from the date of issuance.(e) A person holding an asbestos license shall notify the department within thirty (30) working days of any change in contact information on the application via: (1) United States Postal Service;(2) commercial delivery service;(3) electronic submission;(5) hand delivery. *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
Air Pollution Control Division; 326 IAC 18-2.1-3; filed 5/9/2019, 2:28 p.m.: 20190605-IR-326090363FRA