Section 410IAC32-2-8. Lead-based paint license revocation; denial

   (a) The department may, under IC 4-21.5, deny an application for a license, reprimand a license, or suspend or revoke a license for any of the following reasons:

(1) Violating any requirement of the following:

(A) This title.

(B) 40 CFR 745 (Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities)*.

(C) IC 16-41-39.8.

(D) Any federal, state, or local lead-based paint regulations.

(2) Falsifying information on an application for a lead-based paint license, including, but not limited to, approval records, instructor qualifications, or other approval information.

(3) Violating or failing to meet any requirement specified in this article.

(4) Conducting a lead-based paint project, or related activity, in a manner that is hazardous to the public health.

(5) Performing work requiring a lead paint license at a job site without being in physical possession of initial and current certificates of training or license.

(6) Permitting the duplication or use of one's own lead-based paint license by another person.

(7) Performing work for which a lead-based paint license has not been received.

(8) Obtaining training from a training course provider who does not have the approval to offer training for the particular discipline for which the license was received.

(9) Obtaining training documentation through fraudulent means.

(10) Gaining admission to and completing an approved training curriculum through misrepresentation of admission requirements.

(11) Fraudulently or deceptively obtaining a license or attempts to obtain a license through misrepresentation of certificate of training requirements, third-party examination, or related documents dealing with education, training, professional registration, or experience.

(12) Misrepresenting the extent of a training courses's approval.

(13) Failing to submit required information or notifications in a timely manner.

  (b) In addition to the causes in subsection (a), the department may, under IC 4-21.5, reprimand a lead-based paint contractor or suspend or revoke a lead-based paint license if the contractor:

(1) performs work requiring licensure at a job site with individuals who are not licensed;

(2) fails to comply with the work practice standards established in 410 IAC 32-4;

(3) misrepresents facts in the contractor's letter of application for a license;

(4) fails to maintain required records; or

(5) fails to comply with federal, state, or local lead-based paint rules, regulations, or statutes.

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

  (d) If the department finds that a lead-based paint activities project is not being performed in accordance with air pollution control laws or rules adopted by the board, the department may enjoin further work on the lead-based paint project without prior notice or hearing by completing the following procedures:

(1) A notice shall be delivered to:

(A) the lead-based paint activities contractor engaged in the lead-based paint activities project; or

(B) an agent or representative of the lead-based paint activities contractor.

(2) A notice issued under this section must:

(A) specify the violations of law that are occurring on the lead-based paint activities project; and

(B) prohibit further work on the lead-based paint activities project until the specified violations cease and the notice is rescinded by the commissioner.

(3) The contractor shall have fourteen (14) days in which to provide written notification to the department that violations have been corrected.

(4) Not later than ten (10) days after receiving written notification from a contractor that violations specified in a notice issued under this section have been corrected, the commissioner shall issue a determination regarding rescission of the notice.

  *These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana State Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204. (Indiana State Department of Health; 410 IAC 32-2-8; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1445; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed May 21, 2002, 10:20 a.m.: 25 IR 3109; filed Sep 10, 2003, 4:24 p.m.: 27 IR 473; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-7) to the Indiana State Department of Health (410 IAC 32-2-8) by P.L.57-2009, SECTION 17, effective July 1, 2009.