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(a) An applicant shall pay a fee of $100 to the department for a certificate and $25 for a duplicate certificate issued under 8 AAC 61.720.

(b) Repealed 9/10/99.

History: Eff. 10/1/85, Register 96; am 1/4/90, Register 113; am 11/7/93, Register 128; am 9/10/99, Register 151; am 6/14/2006, Register 178; am 9/27/2008, Register 187

Authority: AS 18.31.020

AS 18.31.200

8 AAC 61.735. Special requirements for persons performing abatement work under the Asbestos Hazard Emergency Response Act

Repealed.

History: Eff. 1/4/90, Register 113; repealed 9/10/99, Register 151

8 AAC 61.740. Renewal course requirements and renewal of certificate

(a) A renewal course must

(1) be conducted in the state;

(2) provide an instructor that meets the requirements of 8 AAC 61.680; and

(3) must provide at least eight hours of instruction.

(b) A certificate issued under 8 AAC 61.720 may be renewed if

(1) the certificate holder pays the required fee under (c) of this section;

(2) an instructor of a training program approved under 8 AAC 61.660(a) certifies that the certificate holder has completed at least eight hours of instruction in an approved renewal course under (a) of this section that includes instruction in

(A) changes in state or federal regulations pertaining to asbestos abatement, if any;

(B) changes in the state-of-the-art of asbestos abatement practices and procedures, if any;

(C) the personal protective, decontamination, and disposal procedures set out in 8 AAC 61.700(a) (4) - (6); and

(D) a review of the key aspects of the initial training course that includes appropriate work practices, potential health effects related to asbestos exposure, respiratory protection programs and medical surveillance programs, additional safety hazards and medical monitoring; and

(3) the course is completed within one year of expiration of the previously issued certificate.

(c) A certificate renewed under this section is valid until the expiration date indicated on the issued certificate. The fee for a certificate renewal is the same as for an initial certificate under 8 AAC 61.730.

(d) Renewal of a certificate under this section may be accomplished by attending a department-approved renewal course in accordance with this section.

(e) The qualified instructor of a training provider shall submit a class roster to the department listing the names of those attendants that have successfully completed the renewal training specified under this section. The roster shall be submitted in accordance with 8 AAC 61.745.

History: Eff. 10/1/85, Register 96; am 11/7/93, Register 128; am 9/10/99, Register 151; am 9/27/2008, Register 187

Authority: AS 18.31.020

AS 18.31.200

8 AAC 61.745. Notification of department

(a) Training providers must notify the department at least 10 days before conducting an approved course. The notification must contain the

(1) name of the training course;

(2) name of training provider and approval number;

(3) dates of the course;

(4) location of the course, and;

(5) names of the course instructors.

(b) The training provider must notify the department at least 10 days after the completion of the initial training course of all persons who have successfully completed the requirements of 8 AAC 61.700 and 8 AAC 61.710 in accordance with 8 AAC 61.785(c) .

(c) The training provider must notify the department at least 10 days after the completion of the renewal training course of all persons who have successfully completed the requirements of 8 AAC 61.740 in accordance with 8 AAC 61.785(c) .

(d) The department must be notified of any changes to the training programs before conducting those courses in accordance with 8 AAC 61.640.

(e) If a training provider cancels a training class, the training provider shall notify the department no later than two working days before the date of the scheduled class.

History: Eff. 10/1/85, Register 96; am 9/10/99, Register 151

Authority: AS 18.31.020

AS 18.31.200

8 AAC 61.750. Suspension or revocation of certificate

(a) The department will, in its discretion, suspend or revoke a certificate issued under 8 AAC 61.720 if a certificate holder

(1) provides false information to the employer or the department;

(2) shows evidence of a mental or physical impairment, which the department determines may interfere with the certificate holder's safe performance of asbestos abatement work;

(3) knowingly or recklessly disregards safe work practices while performing asbestos abatement work;

(4) permits the duplication or use of one's own certificate by another;

(5) performs work for which certification has not been received;

(6) obtains certification from a training provider that does not have approval to offer training for the particular discipline from either the EPA or AKOSH, provided AKOSH has a contractor certification plan at least as stringent as the EPA MAP;

(7) performs work requiring certification required under 8 AAC 61.600 at a job site without being in physical possession of a valid certificate; or

(8) is civilly fined or criminally convicted under Section 16 of TSCA, 15 U.S.C. 2615 or 2647, for violations of 40 C.F.R. Part 763, or Section 113 of the Clean Air Act, 42 U.S.C. 7413, for violations of 40 C.F.R. Part 61, Subpart M.

(b) If the department suspends or revokes a certificate, the department will promptly notify the certificate holder in writing of the reason for the suspension or revocation, and that the suspension or revocation may be appealed to the commissioner within 30 days after receipt of notice of the suspension or revocation.

(c) A person whose certificate is suspended or revoked under this section shall surrender the certificate to the department. A person is ineligible to obtain a new certificate for a period of at least 90 days, but not exceeding one year, after the date of suspension or revocation, as determined by the department. A certificate obtained by a person during a period of ineligibility is not valid.

(d) In determining the period of ineligibility under (c) of this section, the department will consider the circumstances upon which the suspension or revocation is based.

History: Eff. 10/1/85, Register 96; am 9/10/99, Register 151

Authority: AS 18.31.020

AS 18.31.200

8 AAC 61.760. Withdrawal of training program approval

(a) The department will, in its discretion, withdraw its approval under 8 AAC 61.660(a) of a training program if the training program applicant

(1) falsifies certification records, instructor qualifications, or other certification information;

(2) fails to provide training as specified in the training program's approved plan;

(3) fails to adequately test the trainee's skill as required by 8 AAC 61.710;

(4) violates any other provision of 8 AAC 61.600 - 8 AAC 61.790;

(5) misrepresents the extent of the training course's approval by the state or EPA;

(6) fails to submit required information or notification as specified in 8 AAC 61.640, 8 AAC 61.745 and 8 AAC 61.780; or

(7) fails to maintain requisite records required in 8 AAC 61.785.

(b) If the department withdraws approval of a training program, the department will promptly notify the administrator of the program in writing of the reason for the withdrawal of approval and that the withdrawal may be appealed to the commissioner within 30 days after receipt of the notice of withdrawal.

(c) A training program for which approval has been withdrawn under this section is ineligible for approval for a period of at least 90 days but not exceeding one year after the date of withdrawal, as determined by the department. A training program may not issue a certificate under 8 AAC 61.720 during a period of ineligibility.

(d) In determining a period of ineligibility under (c) of this section, the department will consider the severity of the infraction upon which the withdrawal of program approval is based.

(e) After the period of ineligibility specified by the department under (c) of this section has expired, a training program may apply to the department for re-approval. The application must meet the requirements of 8 AAC 61.630.

(f) The training course provider must permit a representative of the department to attend, evaluate, monitor any course, and review any records without charge. The department is not required to give advance notice of an inspection.

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