SENATE BILL NO. 1047 April 14, 1998, Introduced by Senator SHUGARS and A. SMITH and referred to the Committee on Health Policy and Senior Citizens. A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 PART 54A 2 LEAD ABATEMENT 3 SEC. 5451. THIS PART SHALL BE KNOWN AND MAY BE CITED AS THE 4 "LEAD ABATEMENT ACT". 5 SEC. 5452. FOR PURPOSES OF THIS PART, THE WORDS AND PHRASES 6 DEFINED IN SECTIONS 5453 TO 5461 HAVE THE MEANINGS ASCRIBED TO 7 THEM UNLESS THE CONTEXT REQUIRES OTHERWISE. 8 SEC. 5453. (1) "ABATEMENT", EXCEPT AS OTHERWISE PROVIDED IN 9 SUBSECTION (2), MEANS A MEASURE OR SET OF MEASURES DESIGNED TO 10 PERMANENTLY ELIMINATE LEAD-BASED PAINT HAZARDS. ABATEMENT 11 INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING: 05719'98 LBO 2 1 (A) THE REMOVAL OF LEAD-BASED PAINT AND LEAD-CONTAMINATED 2 DUST, THE PERMANENT ENCLOSURE OR ENCAPSULATION OF LEAD-BASED 3 PAINT, THE REPLACEMENT OF LEAD-PAINTED SURFACES OR FIXTURES, THE 4 REMOVAL OR COVERING OF LEAD-CONTAMINATED SOIL, AND ALL PREPARA- 5 TION, CLEANUP, DISPOSAL, AND POSTABATEMENT CLEARANCE TESTING 6 ACTIVITIES ASSOCIATED WITH SUCH MEASURES. 7 (B) A PROJECT FOR WHICH THERE IS A WRITTEN CONTRACT OR OTHER 8 DOCUMENTATION THAT PROVIDES THAT A PERSON WILL BE CONDUCTING 9 ACTIVITIES IN OR TO A RESIDENTIAL DWELLING OR CHILD OCCUPIED 10 FACILITY THAT WILL RESULT IN THE PERMANENT ELIMINATION OF 11 LEAD-BASED PAINT HAZARDS OR THAT ARE DESIGNED TO PERMANENTLY 12 ELIMINATE LEAD-BASED PAINT HAZARDS. 13 (C) A PROJECT RESULTING IN THE PERMANENT ELIMINATION OF 14 LEAD-BASED PAINT HAZARDS, CONDUCTED BY A PERSON CERTIFIED UNDER 15 THIS ACT, EXCEPT A PROJECT THAT IS EXEMPT FROM THIS PART. 16 (D) A PROJECT RESULTING IN THE PERMANENT ELIMINATION OF 17 LEAD-BASED PAINT HAZARDS, CONDUCTED BY A PERSON WHO, THROUGH 18 THEIR COMPANY NAME OR PROMOTIONAL LITERATURE, REPRESENTS, ADVER- 19 TISES, OR HOLDS THEMSELVES OUT TO BE IN THE BUSINESS OF PERFORM- 20 ING LEAD-BASED PAINT ACTIVITIES EXCEPT A PROJECT THAT IS EXEMPT 21 FROM THIS ACT. 22 (E) A PROJECT RESULTING IN THE PERMANENT ELIMINATION OF 23 LEAD-BASED PAINT HAZARDS THAT IS CONDUCTED IN RESPONSE TO A STATE 24 OR LOCAL GOVERNMENT ABATEMENT ORDER. 25 (2) ABATEMENT DOES NOT INCLUDE EITHER OF THE FOLLOWING: 26 (A) RENOVATION, REMODELING, LANDSCAPING, OR OTHER ACTIVITY, 27 IF THE ACTIVITY IS NOT DESIGNED TO PERMANENTLY ELIMINATE 05719'98 3 1 LEAD-BASED PAINT HAZARDS, BUT IS INSTEAD DESIGNED TO REPAIR, 2 RESTORE, OR REMODEL A STRUCTURE OR DWELLING EVEN THOUGH THE 3 ACTIVITY MAY INCIDENTALLY RESULT IN A REDUCTION OR ELIMINATION OF 4 A LEAD-BASED PAINT HAZARD. 5 (B) AN INTERIM CONTROL, OPERATION, AND MAINTENANCE ACTIVITY, 6 OR OTHER MEASURE OR ACTIVITY DESIGNED TO TEMPORARILY, BUT NOT 7 PERMANENTLY, REDUCE A LEAD-BASED PAINT HAZARD. 8 (3) "ACCREDITED TRAINING PROGRAM" MEANS A TRAINING PROGRAM 9 THAT HAS BEEN ACCREDITED BY THE DEPARTMENT UNDER THIS PART TO 10 PROVIDE TRAINING FOR INDIVIDUALS ENGAGED IN LEAD-BASED PAINT 11 ACTIVITIES. 12 (4) "ADEQUATE QUALITY CONTROL" MEANS A PLAN OR DESIGN THAT 13 ENSURES THE AUTHENTICITY, INTEGRITY, AND ACCURACY OF A SAMPLE 14 INCLUDING, BUT NOT LIMITED TO, A DUST SAMPLE, A SOIL OR PAINT 15 CHIP SAMPLE, OR A PAINT FILM SAMPLE. ADEQUATE QUALITY CONTROL 16 ALSO INCLUDES A PROVISION IN A PLAN OR DESIGN DESCRIBED IN THIS 17 SUBSECTION FOR REPRESENTATIVE SAMPLING. 18 SEC. 5454. (1) "CERTIFIED ABATEMENT WORKER" MEANS AN INDI- 19 VIDUAL WHO HAS BEEN TRAINED TO PERFORM ABATEMENTS BY AN ACCREDI- 20 TED TRAINING PROGRAM. 21 (2) "CERTIFIED FIRM" MEANS A PERSON THAT PERFORMS A 22 LEAD-BASED PAINT ACTIVITY FOR WHICH THE DEPARTMENT HAS ISSUED A 23 CERTIFICATE OF APPROVAL UNDER THIS PART. 24 (3) "CERTIFIED INSPECTOR" MEANS AN INDIVIDUAL WHO HAS BEEN 25 TRAINED BY AN ACCREDITED TRAINING PROGRAM AND CERTIFIED BY THE 26 DEPARTMENT UNDER THIS PART TO CONDUCT INSPECTIONS AND TAKE 05719'98 4 1 SAMPLES FOR THE PRESENCE OF LEAD IN PAINT, DUST, AND SOIL FOR THE 2 PURPOSES OF ABATEMENT CLEARANCE TESTING. 3 (4) "CERTIFIED PROJECT DESIGNER" MEANS AN INDIVIDUAL WHO HAS 4 BEEN TRAINED BY AN ACCREDITED TRAINING PROGRAM AND CERTIFIED BY 5 THE DEPARTMENT UNDER THIS PART TO PREPARE ABATEMENT PROJECT 6 DESIGNS, OCCUPANT PROTECTION PLANS, AND ABATEMENT REPORTS. 7 (5) "CERTIFIED RISK ASSESSOR" MEANS AN INDIVIDUAL WHO HAS 8 BEEN TRAINED BY AN ACCREDITED TRAINING PROGRAM AND CERTIFIED BY 9 THE DEPARTMENT UNDER THIS PART TO CONDUCT RISK ASSESSMENTS AND 10 TAKE SAMPLES FOR THE PRESENCE OF LEAD IN PAINT, DUST, AND SOIL 11 FOR THE PURPOSES OF ABATEMENT CLEARANCE TESTING. 12 (6) "CERTIFIED SUPERVISOR" MEANS AN INDIVIDUAL WHO HAS BEEN 13 TRAINED BY AN ACCREDITED TRAINING PROGRAM AND CERTIFIED BY THE 14 DEPARTMENT UNDER THIS PART TO SUPERVISE AND CONDUCT ABATEMENTS 15 AND TO PREPARE OCCUPANT PROTECTION PLANS AND ABATEMENT REPORTS. 16 (7) "CHILD OCCUPIED FACILITY" MEANS A BUILDING OR PORTION OF 17 A BUILDING CONSTRUCTED BEFORE 1978 THAT IS VISITED REGULARLY BY A 18 CHILD WHO IS 6 YEARS OF AGE OR LESS, ON AT LEAST 2 DIFFERENT DAYS 19 WITHIN A GIVEN WEEK, IF EACH DAY'S VISIT IS AT LEAST 3 HOURS AND 20 THE COMBINED WEEKLY VISIT IS AT LEAST 6 HOURS IN LENGTH, AND THE 21 COMBINED ANNUAL VISITS ARE AT LEAST 60 HOURS IN LENGTH. 22 CHILD-OCCUPIED FACILITY INCLUDES, BUT IS NOT LIMITED TO, A 23 DAY-CARE CENTER, A PRESCHOOL, AND A KINDERGARTEN CLASSROOM. 24 SEC. 5455. (1) "CLEARANCE LEVELS" MEANS THE VALUES THAT 25 INDICATE THE MAXIMUM AMOUNT OF LEAD PERMITTED IN DUST ON A SUR- 26 FACE FOLLOWING COMPLETION OF AN ABATEMENT ACTIVITY AS LISTED IN 27 RULES PROMULGATED BY THE DEPARTMENT. 05719'98 5 1 (2) "COMMON AREA" MEANS A PORTION OF A BUILDING THAT IS 2 GENERALLY ACCESSIBLE TO ALL OCCUPANTS OF THE BUILDING. COMMON 3 AREA INCLUDES, BUT IS NOT LIMITED TO, A HALLWAY, A STAIRWAY, A 4 LAUNDRY AND RECREATIONAL ROOM, A PLAYGROUND, A COMMUNITY CENTER, 5 A GARAGE, AND A BOUNDARY FENCE. 6 (3) "COMPONENT" OR "BUILDING COMPONENT" MEANS A SPECIFIC 7 DESIGN OR STRUCTURAL ELEMENT OR FIXTURE OF A BUILDING, RESIDEN- 8 TIAL DWELLING, OR CHILD OCCUPIED FACILITY THAT IS DISTINGUISHED 9 BY ITS FORM, FUNCTION, AND LOCATION. COMPONENT OR BUILDING COM- 10 PONENT, INCLUDES BUT IS NOT LIMITED TO, A SPECIFIC INTERIOR OR 11 EXTERIOR DESIGN OR STRUCTURAL ELEMENT OR FIXTURE. 12 (4) "CONTAINMENT" MEANS A PROCESS TO PROTECT WORKERS AND THE 13 ENVIRONMENT BY CONTROLLING EXPOSURE TO THE LEAD-CONTAMINATED DUST 14 AND DEBRIS CREATED DURING AN ABATEMENT. 15 (5) "COURSE AGENDA" MEANS AN OUTLINE OF THE KEY TOPICS TO BE 16 COVERED DURING AN ACCREDITED TRAINING PROGRAM, INCLUDING THE TIME 17 ALLOTTED TO TEACH EACH TOPIC. 18 (6) "COURSE TEST" MEANS AN EVALUATION OF THE OVERALL EFFEC- 19 TIVENESS OF THE ACCREDITED TRAINING PROGRAM BY TESTING A 20 TRAINEE'S KNOWLEDGE AND RETENTION OF THE TOPICS COVERED DURING 21 THE ACCREDITED TRAINING PROGRAM. 22 (7) "COURSE TEST BLUEPRINT" MEANS WRITTEN DOCUMENTATION 23 IDENTIFYING THE PROPORTION OF COURSE TEST QUESTIONS DEVOTED TO 24 EACH MAJOR TOPIC IN THE ACCREDITED TRAINING PROGRAM CURRICULUM. 25 SEC. 5456. (1) "DEPARTMENT" MEANS THE DEPARTMENT OF COMMU- 26 NITY HEALTH. 05719'98 6 1 (2) "DETERIORATED PAINT" MEANS PAINT THAT IS CRACKING, 2 FLAKING, CHIPPING, PEELING, OR OTHERWISE SEPARATING FROM THE 3 SUBSTRATE OF A BUILDING COMPONENT. 4 (3) "DISCIPLINE" MEANS 1 OF THE SPECIFIC TYPES OR CATEGORIES 5 OF LEAD-BASED PAINT ACTIVITIES IDENTIFIED IN THIS PART FOR WHICH 6 AN INDIVIDUAL MAY RECEIVE TRAINING FROM AN ACCREDITED TRAINING 7 PROGRAM AND BECOME CERTIFIED BY THE DEPARTMENT. 8 (4) "DISTINCT PAINTING HISTORY" MEANS THE APPLICATION HISTO- 9 RY, AS INDICATED BY ITS VISUAL APPEARANCE OR A RECORD OF APPLICA- 10 TION, OVER TIME OF PAINT OR OTHER SURFACE COATINGS TO A COMPONENT 11 OR ROOM. 12 (5) "DOCUMENTED METHODOLOGY" MEANS A METHOD OR PROTOCOL USED 13 TO SAMPLE AND TEST FOR THE PRESENCE OF LEAD IN PAINT, DUST, AND 14 SOIL. 15 (6) "ELEVATED BLOOD LEVEL" OR "EBL" MEANS AN EXCESSIVE 16 ABSORPTION OF LEAD THAT IS A CONFIRMED CONCENTRATION OF LEAD IN 17 WHOLE BLOOD OF 20 UG/DL, MICROGRAMS OF LEAD PER DECILITER OF 18 WHOLE BLOOD, FOR A SINGLE VENOUS TEST OR OF 15-19 UG/DL IN 2 CON- 19 SECUTIVE TESTS TAKEN 3 TO 4 MONTHS APART. 20 (7) "ENCAPSULANT" MEANS A SUBSTANCE THAT FORMS A BARRIER 21 BETWEEN LEAD-BASED PAINT AND THE ENVIRONMENT USING A 22 LIQUID-APPLIED COATING, WITH OR WITHOUT REINFORCEMENT MATERIALS, 23 OR AN ADHESIVELY BONDED COVERING MATERIAL. 24 (8) "ENCAPSULATION" MEANS THE APPLICATION OF AN 25 ENCAPSULANT. 26 (9) "ENCLOSURE" MEANS THE USE OF RIGID, DURABLE CONSTRUCTION 27 MATERIALS THAT ARE MECHANICALLY FASTENED TO THE SUBSTRATE IN 05719'98 7 1 ORDER TO ACT AS A BARRIER BETWEEN LEAD-BASED PAINT AND THE 2 ENVIRONMENT. 3 (10) "EPA" MEANS THE UNITED STATES ENVIRONMENTAL PROTECTION 4 AGENCY. 5 SEC. 5457. (1) "GUEST INSTRUCTOR" MEANS AN INDIVIDUAL DES- 6 IGNATED BY THE MANAGER OR PRINCIPAL INSTRUCTOR OF AN ACCREDITED 7 TRAINING PROGRAM TO PROVIDE INSTRUCTION SPECIFIC TO THE LECTURE, 8 HANDS-ON ACTIVITIES, OR WORK PRACTICE COMPONENTS OF A COURSE IN 9 THE ACCREDITED TRAINING PROGRAM. 10 (2) "HANDS-ON SKILLS ASSESSMENT" MEANS AN EVALUATION THAT 11 TESTS A TRAINEE'S ABILITY TO SATISFACTORILY PERFORM THE WORK 12 PRACTICES, WORK PROCEDURES, OR ANY OTHER SKILL TAUGHT IN AN 13 ACCREDITED TRAINING PROGRAM. 14 (3) "HAZARDOUS WASTE" MEANS WASTE AS DEFINED IN 40 15 C.F.R. 261.3. 16 (4) "INSPECTION" MEANS A SURFACE-BY-SURFACE INVESTIGATION TO 17 DETERMINE THE PRESENCE OF LEAD-BASED PAINT AND THE PROVISION OF A 18 REPORT EXPLAINING THE RESULTS OF THE INVESTIGATION. 19 (5) "INTERIM CONTROLS" MEANS A SET OF MEASURES DESIGNED TO 20 TEMPORARILY REDUCE HUMAN EXPOSURE OR LIKELY EXPOSURE TO 21 LEAD-BASED PAINT HAZARDS INCLUDING, BUT NOT LIMITED TO, SPECIAL- 22 IZED CLEANING, REPAIRS, MAINTENANCE, PAINTING, TEMPORARY CONTAIN- 23 MENT, ONGOING MONITORING OF LEAD-BASED PAINT HAZARDS OR POTENTIAL 24 HAZARDS, AND THE ESTABLISHMENT AND OPERATION OF MANAGEMENT AND 25 RESIDENT EDUCATION PROGRAMS. 05719'98 8 1 SEC. 5458. (1) "LEAD-BASED PAINT" MEANS PAINT OR OTHER 2 SURFACE COATINGS THAT CONTAIN LEAD EQUAL TO OR IN EXCESS OF 1.0 3 MILLIGRAMS PER SQUARE CENTIMETER OR MORE THAN 0.5% BY WEIGHT. 4 (2) "LEAD-BASED PAINT ACTIVITY" MEANS INSPECTION, RISK 5 ASSESSMENT, AND ABATEMENT IN TARGET HOUSING AND CHILD OCCUPIED 6 FACILITIES. 7 (3) "LEAD-BASED PAINT HAZARD" MEANS A CONDITION CAUSING 8 EXPOSURE TO LEAD FROM LEAD-CONTAMINATED DUST, LEAD-CONTAMINATED 9 SOIL, OR LEAD-BASED OR LEAD-CONTAMINATED PAINT THAT IS DETERIO- 10 RATED OR PRESENT IN AN ACCESSIBLE SURFACE, FRICTION SURFACE, OR 11 IMPACT SURFACE THAT WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS 12 AS IDENTIFIED BY THE EPA PURSUANT TO TSCA SECTION 403. 13 (4) "LEAD-CONTAMINATED DUST" MEANS SURFACE DUST IN A RESI- 14 DENTIAL DWELLING OR CHILD OCCUPIED FACILITY THAT CONTAINS AN AREA 15 OR MASS CONCENTRATION OF LEAD AT OR IN EXCESS OF LEVELS IDENTI- 16 FIED BY THE EPA PURSUANT TO SECTION 403 OF TITLE IV OF THE TOXIC 17 SUBSTANCE CONTROL ACT, PUBLIC LAW 94-469, 15 U.S.C. 2683. 18 (5) "LEAD-CONTAMINATED SOIL" MEANS BARE SOIL ON RESIDENTIAL 19 REAL PROPERTY OR ON THE PROPERTY OF A CHILD OCCUPIED FACILITY 20 THAT CONTAINS LEAD AT OR IN EXCESS OF LEVELS IDENTIFIED BY THE 21 EPA PURSUANT TO SECTION 403 OF TITLE IV OF THE TOXIC SUBSTANCE 22 CONTROL ACT, PUBLIC LAW 94-469, 15 U.S.C. 2683. 23 (6) "LEAD-HAZARD SCREEN" MEANS A LIMITED RISK ASSESSMENT 24 ACTIVITY THAT INVOLVES LIMITED LEAD-BASED OR LEAD-CONTAMINATED 25 PAINT AND LEAD DUST SAMPLING. 26 (7) "LIVING AREA" MEANS AN AREA OF A RESIDENTIAL DWELLING 27 USED BY 1 OR MORE CHILDREN AGE 6 AND UNDER INCLUDING, BUT NOT 05719'98 9 1 LIMITED TO, A LIVING ROOM, KITCHEN AREA, DEN, PLAYROOM, AND A 2 CHILDREN'S BEDROOM. 3 SEC. 5459. (1) "MULTIFAMILY DWELLING" MEANS A STRUCTURE 4 THAT CONTAINS MORE THAN 1 SEPARATE RESIDENTIAL DWELLING UNIT AND 5 THAT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, IN 6 WHOLE OR IN PART, AS THE HOME OR RESIDENCE OF 1 OR MORE PERSONS. 7 (2) "PAINT IN POOR CONDITION" MEANS 1 OR MORE OF THE 8 FOLLOWING: 9 (A) MORE THAN 10 SQUARE FEET OF DETERIORATED PAINT ON AN 10 EXTERIOR COMPONENT WITH A LARGE SURFACE AREA. 11 (B) MORE THAN 2 SQUARE FEET OF DETERIORATED PAINT ON AN 12 INTERIOR COMPONENT WITH LARGE SURFACE AREAS. 13 (C) MORE THAN 10% OF THE TOTAL SURFACE AREA OF THE COMPONENT 14 IS DETERIORATED ON AN INTERIOR OR EXTERIOR COMPONENT WITH A SMALL 15 SURFACE AREA. 16 (3) "PERMANENTLY COVERED SOIL" MEANS SOIL THAT HAS BEEN SEP- 17 ARATED FROM HUMAN CONTACT BY THE PLACEMENT OF A BARRIER CONSIST- 18 ING OF SOLID, RELATIVELY IMPERMEABLE MATERIALS INCLUDING, BUT NOT 19 LIMITED TO, PAVEMENT OR CONCRETE, BUT NOT INCLUDING GRASS, MULCH, 20 OR OTHER LANDSCAPING MATERIALS. 21 (4) "PERSON" MEANS THAT TERM AS DEFINED IN SECTION 1106 BUT 22 INCLUDING THE STATE AND A POLITICAL SUBDIVISION OF THE STATE. 23 (5) "PRINCIPAL INSTRUCTOR" MEANS THE INDIVIDUAL WHO HAS THE 24 PRIMARY RESPONSIBILITY FOR ORGANIZING AND TEACHING A PARTICULAR 25 COURSE IN AN ACCREDITED TRAINING PROGRAM. 26 (6) "RECOGNIZED LABORATORY" MEANS AN ENVIRONMENTAL 27 LABORATORY RECOGNIZED BY THE EPA PURSUANT TO SECTION 405 OF TITLE 05719'98 10 1 IV OF THE TOXIC SUBSTANCES CONTROL ACT, PUBLIC LAW 94-469, 15 2 U.S.C. 2685, AS BEING CAPABLE OF PERFORMING AN ANALYSIS FOR LEAD 3 COMPOUNDS IN PAINT, SOIL, AND DUST. 4 (7) "REDUCTION" MEANS A MEASURE DESIGNED TO REDUCE OR ELIMI- 5 NATE HUMAN EXPOSURE TO A LEAD-BASED PAINT HAZARD THROUGH METHODS 6 INCLUDING, BUT NOT LIMITED TO, INTERIM CONTROLS AND ABATEMENT. 7 (8) "RESIDENTIAL DWELLING" MEANS EITHER OF THE FOLLOWING: 8 (A) A DETACHED SINGLE FAMILY DWELLING UNIT, INCLUDING, BUT 9 NOT LIMITED, TO, ATTACHED STRUCTURES SUCH AS PORCHES AND STOOPS. 10 (B) A SINGLE FAMILY DWELLING UNIT IN A STRUCTURE THAT CON- 11 TAINS MORE THAN 1 SEPARATE RESIDENTIAL DWELLING UNIT USED OR 12 OCCUPIED, IN WHOLE OR IN PART, AS THE HOME OR RESIDENCE OF 1 OR 13 MORE PERSONS. 14 (9) "RISK ASSESSMENT" MEANS BOTH OF THE FOLLOWING: 15 (A) AN ON-SITE INVESTIGATION TO DETERMINE THE EXISTENCE, 16 NATURE, SEVERITY, AND LOCATION OF A LEAD-BASED PAINT HAZARD. 17 (B) THE PROVISION OF A REPORT BY THE PERSON CONDUCTING THE 18 RISK ASSESSMENT EXPLAINING THE RESULTS OF THE INVESTIGATION AND 19 OPTIONS FOR REDUCING THE LEAD-BASED PAINT HAZARD. 20 SEC. 5460. (1) "TARGET HOUSING" MEANS HOUSING CONSTRUCTED 21 BEFORE 1978, EXCEPT EITHER OF THE FOLLOWING: 22 (A) HOUSING FOR THE ELDERLY OR PERSONS WITH DISABILITIES, 23 UNLESS ANY 1 OR MORE CHILDREN AGE 6 YEARS OR UNDER RESIDES OR IS 24 EXPECTED TO RESIDE IN THAT HOUSING. 25 (B) A 0-BEDROOM DWELLING. 26 (2) "THIRD PARTY EXAMINATION" MEANS THE EXAMINATION FOR 27 CERTIFICATION UNDER THIS PART IN THE DISCIPLINES OF INSPECTOR, 05719'98 11 1 RISK ASSESSOR, WORKER, AND SUPERVISOR OFFERED AND ADMINISTERED BY 2 A PARTY OTHER THAN AN ACCREDITED TRAINING PROGRAM. 3 (3) "TRAINING CURRICULUM" MEANS AN ESTABLISHED SET OF COURSE 4 TOPICS FOR INSTRUCTION IN AN ACCREDITED TRAINING PROGRAM FOR A 5 PARTICULAR DISCIPLINE DESIGNED TO PROVIDE SPECIALIZED KNOWLEDGE 6 AND SKILLS. 7 (4) "TRAINING HOUR" MEANS NOT LESS THAN 50 MINUTES OF ACTUAL 8 LEARNING, INCLUDING, BUT NOT LIMITED TO, TIME DEVOTED TO LECTURE, 9 LEARNING ACTIVITIES, SMALL GROUP ACTIVITIES, DEMONSTRATIONS, 10 EVALUATIONS, OR HANDS-ON EXPERIENCE OR A COMBINATION OF THOSE 11 ACTIVITIES. 12 (5) "TRAINING MANAGER" MEANS THE INDIVIDUAL RESPONSIBLE FOR 13 ADMINISTERING AN ACCREDITED TRAINING PROGRAM AND MONITORING THE 14 PERFORMANCE OF PRINCIPAL INSTRUCTORS AND GUEST INSTRUCTORS. 15 (6) "VISUAL INSPECTION FOR CLEARANCE TESTING" MEANS THE 16 VISUAL EXAMINATION OF A RESIDENTIAL DWELLING OR A CHILD OCCUPIED 17 FACILITY FOLLOWING AN ABATEMENT DESIGNED TO DETERMINE WHETHER THE 18 ABATEMENT HAS BEEN SUCCESSFULLY COMPLETED. 19 (7) "VISUAL INSPECTION FOR RISK ASSESSMENT" MEANS THE VISUAL 20 EXAMINATION OF A RESIDENTIAL DWELLING OR A CHILD OCCUPIED FACIL- 21 ITY TO DETERMINE THE EXISTENCE OF DETERIORATED PAINT OR OTHER 22 POTENTIAL SOURCES OF LEAD-BASED PAINT HAZARDS. 23 SEC. 5461. (1) A PERSON SHALL NOT ENGAGE OR OFFER TO ENGAGE 24 IN A LEAD-BASED PAINT ACTIVITY UNLESS CERTIFIED IN THE APPROPRI- 25 ATE DISCIPLINE UNDER THIS PART. A PERSON CONDUCTING A LEAD-BASED 26 PAINT ACTIVITY SHALL COMPLY WITH THE STANDARDS FOR PERFORMING 05719'98 12 1 LEAD-BASED PAINT ACTIVITIES CONTAINED IN THIS PART AND THE RULES 2 PROMULGATED UNDER THIS PART. 3 (2) A PERSON SHALL NOT PROVIDE OR OFFER TO PROVIDE A TRAIN- 4 ING PROGRAM FOR LEAD-BASED PAINT ACTIVITIES UNLESS THE TRAINING 5 PROGRAM IS ACCREDITED UNDER THE APPROPRIATE DISCIPLINE UNDER THIS 6 PART. A PERSON PROVIDING AN ACCREDITED TRAINING PROGRAM SHALL 7 COMPLY WITH THE STANDARDS FOR ACCREDITATION AND TRAINING CERTIFI- 8 CATION PRESCRIBED IN THIS PART AND THE RULES PROMULGATED UNDER 9 THIS PART. 10 (3) THE DEPARTMENT SHALL CERTIFY A PERSON APPLYING FOR CER- 11 TIFICATION UNDER THIS PART IF THAT PERSON DEMONSTRATES TO THE 12 DEPARTMENT THAT HE OR SHE IS LICENSED, CERTIFIED, OR REGISTERED 13 IN ANOTHER STATE AND THE STANDARDS FOR OBTAINING THAT LICENSE, 14 CERTIFICATION, OR REGISTRATION ARE SUBSTANTIALLY SIMILAR TO THOSE 15 IMPOSED UNDER THIS PART. 16 (4) THE DEPARTMENT SHALL ACCREDIT A TRAINING PROGRAM IF THE 17 TRAINING PROGRAM IS REGISTERED BY THE DEPARTMENT UNDER THE 18 DEPARTMENT'S VOLUNTARY REGISTRATION PROGRAM BY AUGUST 30, 1998 IF 19 THE TRAINING PROGRAM SUBMITS AN APPLICATION UNDER SECTION 5462. 20 SEC. 5462. (1) A PERSON MAY SEEK ACCREDITATION FOR A TRAIN- 21 ING PROGRAM TO OFFER COURSES IN LEAD-BASED PAINT ACTIVITIES IN 1 22 OR MORE OF THE FOLLOWING DISCIPLINES: 23 (A) INSPECTOR. 24 (B) RISK ASSESSOR. 25 (C) SUPERVISOR. 26 (D) PROJECT DESIGNER. 05719'98 13 1 (E) ABATEMENT WORKER. 2 (2) A PERSON MAY ALSO SEEK ACCREDITATION FOR A TRAINING 3 PROGRAM TO OFFER REFRESHER COURSES FOR EACH OF THE DISCIPLINES 4 DESCRIBED IN SUBSECTION (1). 5 (3) BEGINNING MARCH 1, 1999, A PERSON SHALL NOT PROVIDE, 6 OFFER, OR CLAIM TO PROVIDE EPA-ACCREDITED COURSES IN LEAD-BASED 7 PAINT ACTIVITIES WITHOUT APPLYING FOR AND RECEIVING ACCREDITATION 8 FROM THE DEPARTMENT UNDER THIS PART. 9 (4) A PERSON SEEKING ACCREDITATION FOR A TRAINING PROGRAM 10 SHALL SUBMIT A WRITTEN APPLICATION TO THE DEPARTMENT CONTAINING 11 ALL OF THE FOLLOWING: 12 (A) IF THE APPLICANT IS A SOLE PROPRIETORSHIP OR CORPORA- 13 TION, ITS "DOING BUSINESS AS" OR CORPORATE IDENTIFICATION 14 NUMBER. 15 (B) THE FEE REQUIRED BY SECTION 5471. 16 (C) THE NAME OF EACH PRINCIPAL POSITION, PARTNER, SHAREHOLD- 17 ER, MEMBER, OR OWNER. 18 (D) THE TRAINING PROGRAM'S PROPOSED NAME, ADDRESS, AND TELE- 19 PHONE NUMBER. 20 (E) A LIST OF COURSES AND DISCIPLINES FOR WHICH IT IS SEEK- 21 ING ACCREDITATION. 22 (F) A STATEMENT SIGNED BY THE TRAINING PROGRAM MANAGER CER- 23 TIFYING THAT THE TRAINING PROGRAM MEETS THE REQUIREMENTS ESTAB- 24 LISHED BY THIS PART AND THE RULES PROMULGATED UNDER THIS PART. 25 (G) A COPY OF THE STUDENT AND INSTRUCTOR MANUALS OR OTHER 26 MATERIALS TO BE USED FOR EACH COURSE. 05719'98 14 1 (H) A COPY OF THE COURSE AGENDA FOR EACH COURSE. 2 (I) A DESCRIPTION OF THE FACILITIES AND EQUIPMENT TO BE USED 3 FOR LECTURE AND HANDS-ON TRAINING. 4 (J) A COPY OF THE COURSE TEST BLUEPRINT FOR EACH COURSE. 5 (K) A DESCRIPTION OF THE ACTIVITIES AND PROCEDURES THAT WILL 6 BE USED FOR CONDUCTING THE HANDS-ON SKILLS ASSESSMENT FOR EACH 7 COURSE. 8 (l) A COPY OF THE QUALITY CONTROL PLAN AS DESCRIBED IN THIS 9 SECTION. 10 (6) THE DEPARTMENT SHALL APPROVE AN APPLICATION FOR ACCRED- 11 ITATION OF A TRAINING PROGRAM WITHIN 180 DAYS AFTER RECEIVING A 12 COMPLETE APPLICATION FROM THE TRAINING PROGRAM IF THE DEPARTMENT 13 DETERMINES THAT THE APPLICANT MEETS THE REQUIREMENTS OF THIS PART 14 AND THE RULES PROMULGATED UNDER THIS PART. IN THE CASE OF 15 APPROVAL, THE DEPARTMENT SHALL SEND A CERTIFICATE OF ACCREDIT- 16 ATION TO THE APPLICANT. BEFORE DISAPPROVING AN APPLICATION, THE 17 DEPARTMENT MAY ADVISE THE APPLICANT AS TO SPECIFIC INADEQUACIES 18 IN THE APPLICATION FOR ACCREDITATION OR SPECIFIC INSTANCES WHERE 19 THE TRAINING PROGRAM DOES NOT MEET THE REQUIREMENTS OF THIS PART 20 OR THE RULES PROMULGATED UNDER THIS PART, OR BOTH. THE DEPART- 21 MENT MAY REQUEST ADDITIONAL INFORMATION OR MATERIALS FROM THE 22 TRAINING PROGRAM UNDER THIS SECTION. IF THE DEPARTMENT DISAP- 23 PROVES A TRAINING PROGRAM'S APPLICATION FOR ACCREDITATION, THE 24 APPLICANT MAY REAPPLY FOR ACCREDITATION AT ANY TIME. 25 (7) A TRAINING PROGRAM SHALL MEET ALL OF THE FOLLOWING 26 REQUIREMENTS IN ORDER TO BECOME ACCREDITED TO OFFER COURSES IN 27 LEAD-BASED PAINT ACTIVITIES: 05719'98 15 1 (A) EMPLOY A TRAINING MANAGER WHO HAS TRAINING, EDUCATION, 2 AND EXPERIENCE AS DESCRIBED IN RULES PROMULGATED BY THE 3 DEPARTMENT. 4 (B) PROVIDE THAT THE TRAINING MANAGER DESCRIBED IN 5 SUBDIVISION (A) DESIGNATE A QUALIFIED PRINCIPAL INSTRUCTOR FOR 6 EACH COURSE WHO HAS TRAINING, EDUCATION, AND EXPERIENCE AS 7 DESCRIBED IN RULES PROMULGATED BY THE DEPARTMENT. 8 (C) PROVIDE THAT THE PRINCIPAL INSTRUCTOR DESCRIBED IN 9 SUBDIVISION (B) BE RESPONSIBLE FOR THE ORGANIZATION OF THE COURSE 10 AND OVERSIGHT OF THE TEACHING OF ALL COURSE MATERIAL. A TRAINING 11 MANAGER MAY DESIGNATE GUEST INSTRUCTORS AS NEEDED TO PROVIDE 12 INSTRUCTION SPECIFIC TO THE LECTURE, HANDS-ON ACTIVITIES, OR WORK 13 PRACTICE COMPONENTS OF A COURSE. 14 (8) THE FOLLOWING DOCUMENTS ARE RECOGNIZED BY THE DEPARTMENT 15 AS EVIDENCE THAT A TRAINING MANAGER OR A PRINCIPAL INSTRUCTOR HAS 16 THE EDUCATION, WORK EXPERIENCE, TRAINING REQUIREMENTS, OR DEMON- 17 STRATED EXPERIENCE SPECIFICALLY LISTED IN RULES PROMULGATED BY 18 THE DEPARTMENT, WHICH DOCUMENTATION IS NOT REQUIRED TO BE SUBMIT- 19 TED WITH THE ACCREDITATION APPLICATION BUT, IF NOT SUBMITTED, 20 MUST BE RETAINED BY THE TRAINING PROGRAM AS REQUIRED BY THE 21 RECORD-KEEPING REQUIREMENTS CONTAINED IN THIS PART: 22 (A) AN OFFICIAL ACADEMIC TRANSCRIPT OR DIPLOMA AS EVIDENCE 23 OF MEETING THE EDUCATION REQUIREMENTS. 24 (B) A RESUME, LETTER OF REFERENCE, OR DOCUMENTATION OF WORK 25 EXPERIENCE, AS EVIDENCE OF MEETING THE WORK EXPERIENCE 26 REQUIREMENTS. 05719'98 16 1 (C) A CERTIFICATE FROM A TRAIN-THE-TRAINER COURSE OR A 2 LEAD-SPECIFIC TRAINING COURSE, OR BOTH, AS EVIDENCE OF MEETING 3 THE TRAINING REQUIREMENTS. 4 (9) A TRAINING PROGRAM ACCREDITED UNDER THIS PART SHALL 5 ENSURE THE AVAILABILITY OF, AND PROVIDE ADEQUATE FACILITIES FOR, 6 THE DELIVERY OF THE LECTURE, COURSE TEST, HANDS-ON TRAINING, AND 7 ASSESSMENT ACTIVITIES INCLUDING, BUT NOT LIMITED TO, PROVIDING 8 TRAINING EQUIPMENT THAT REFLECTS CURRENT WORK PRACTICES AND MAIN- 9 TAINING OR UPDATING THE EQUIPMENT AND FACILITIES OF THE TRAINING 10 PROGRAM, AS NEEDED. 11 SEC. 5463. (1) A TRAINING PROGRAM ACCREDITED UNDER 12 SECTION 5462 SHALL PROVIDE TRAINING COURSES THAT MEET THE FOLLOW- 13 ING TRAINING HOUR REQUIREMENTS IN ORDER TO BECOME ACCREDITED IN 14 THE FOLLOWING DISCIPLINES: 15 (A) AN INSPECTOR COURSE SHALL LAST A MINIMUM OF 24 TRAINING 16 HOURS, WITH A MINIMUM OF 8 HOURS DEVOTED TO HANDS-ON TRAINING 17 ACTIVITIES. THE DEPARTMENT SHALL PROMULGATE RULES TO DETERMINE 18 THE MINIMUM CURRICULUM REQUIREMENTS FOR THE INSPECTOR COURSE. 19 (B) A RISK ASSESSOR COURSE SHALL LAST A MINIMUM OF 16 TRAIN- 20 ING HOURS, WITH A MINIMUM OF 4 HOURS DEVOTED TO HANDS-ON TRAINING 21 ACTIVITIES. THE DEPARTMENT SHALL PROMULGATE RULES TO DETERMINE 22 THE MINIMUM CURRICULUM REQUIREMENTS FOR THE RISK ASSESSOR 23 COURSE. 24 (C) A SUPERVISOR COURSE SHALL LAST A MINIMUM OF 32 TRAINING 25 HOURS, WITH A MINIMUM OF 8 HOURS DEVOTED TO HANDS-ON ACTIVITIES. 26 THE DEPARTMENT SHALL PROMULGATE RULES TO DETERMINE THE MINIMUM 27 CURRICULUM REQUIREMENTS FOR THE SUPERVISOR COURSE. 05719'98 17 1 (D) A PROJECT DESIGNER COURSE SHALL LAST A MINIMUM OF 8 2 TRAINING HOURS. THE DEPARTMENT SHALL PROMULGATE RULES TO DETER- 3 MINE THE MINIMUM CURRICULUM REQUIREMENTS FOR THE PROJECT DESIGNER 4 COURSE. 5 (E) AN ABATEMENT WORKER COURSE SHALL LAST A MINIMUM OF 16 6 TRAINING HOURS, WITH A MINIMUM OF 8 HOURS DEVOTED TO HANDS-ON 7 TRAINING ACTIVITIES. THE DEPARTMENT SHALL PROMULGATE RULES TO 8 DETERMINE THE MINIMUM CURRICULUM REQUIREMENTS FOR THE ABATEMENT 9 WORKER COURSE. 10 (2) THE DEPARTMENT MAY PROMULGATE RULES TO MODIFY 1 OR MORE 11 OF THE REQUIREMENTS IMPOSED UNDER SUBSECTION (1) IF CHANGES ARE 12 NEEDED TO COMPLY WITH FEDERAL MANDATES OR FOR ANOTHER REASON CON- 13 SIDERED APPROPRIATE BY THE DEPARTMENT. 14 (3) FOR EACH COURSE OFFERED, THE TRAINING PROGRAM SHALL CON- 15 DUCT A COURSE TEST AT THE COMPLETION OF THE COURSE AND, IF APPLI- 16 CABLE, A HANDS-ON SKILLS ASSESSMENT. EACH INDIVIDUAL ENROLLED IN 17 THE TRAINING PROGRAM MUST SUCCESSFULLY COMPLETE THE HANDS-ON 18 SKILLS ASSESSMENT, IF CONDUCTED FOR THAT COURSE, AND RECEIVE A 19 PASSING SCORE ON THE COURSE TEST IN ORDER TO PASS A COURSE. 20 (4) THE TRAINING MANAGER SHALL MAINTAIN THE VALIDITY AND 21 INTEGRITY OF A HANDS-ON SKILLS ASSESSMENT TO ENSURE THAT IT ACCU- 22 RATELY EVALUATES THE TRAINEES' PERFORMANCE OF THE WORK PRACTICES 23 AND PROCEDURES ASSOCIATED WITH THE COURSE TOPICS CONTAINED IN 24 RULES PROMULGATED UNDER THIS SECTION AND THE COURSE TEST TO 25 ENSURE THAT IT ACCURATELY EVALUATES THE TRAINEES' KNOWLEDGE AND 26 RETENTION OF THE COURSE TOPICS. 05719'98 18 1 (5) A TRAINING PROGRAM'S COURSE TEST SHALL BE DEVELOPED IN 2 ACCORDANCE WITH THE TEST BLUEPRINT SUBMITTED WITH THE TRAINING 3 PROGRAM ACCREDITATION APPLICATION. 4 (6) A TRAINING PROGRAM SHALL ISSUE COURSE COMPLETION CERTIF- 5 ICATES TO EACH INDIVIDUAL WHO PASSES THE TRAINING COURSE. THE 6 COURSE COMPLETION CERTIFICATES SHALL INCLUDE: 7 (A) THE NAME AND ADDRESS OF THE INDIVIDUAL, ALONG WITH A 8 UNIQUE IDENTIFICATION NUMBER. 9 (B) THE NAME OF THE PARTICULAR COURSE THAT THE INDIVIDUAL 10 PASSED. 11 (C) DATES OF COURSE COMPLETION AND TEST PASSAGE. 12 (D) EXPIRATION DATE OF COURSE CERTIFICATE, WHICH SHALL BE 6 13 MONTHS FROM DATE OF COURSE COMPLETION AND PASSAGE. 14 (E) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE TRAINING 15 PROGRAM. 16 (7) THE TRAINING MANAGER SHALL DEVELOP AND IMPLEMENT A QUAL- 17 ITY CONTROL PLAN DESIGNED TO MAINTAIN AND IMPROVE THE QUALITY OF 18 THE TRAINING PROGRAM. THE QUALITY CONTROL PLAN SHALL CONTAIN AT 19 LEAST BOTH OF THE FOLLOWING ELEMENTS: 20 (A) PROCEDURES FOR PERIODIC REVISION OF TRAINING MATERIALS 21 AND THE COURSE TEST TO REFLECT INNOVATIONS IN THE FIELD. 22 (B) PROCEDURES FOR THE TRAINING MANAGER'S ANNUAL REVIEW OF 23 EACH PRINCIPAL INSTRUCTOR'S COMPETENCE. 24 (8) THE TRAINING PROGRAM SHALL OFFER COURSES THAT TEACH THE 25 WORK PRACTICE STANDARDS FOR CONDUCTING LEAD-BASED PAINT ACTIVI- 26 TIES AND OTHER STANDARDS DEVELOPED BY THE EPA PURSUANT TO TITLE 27 IV OF THE TSCA AND CONSIDERED APPROPRIATE OR NECESSARY BY THE 05719'98 19 1 DEPARTMENT. THE WORK PRACTICE STANDARDS SHALL BE TAUGHT IN THE 2 APPROPRIATE COURSES TO PROVIDE TRAINEES WITH THE KNOWLEDGE NEEDED 3 TO PERFORM THE LEAD-BASED PAINT ACTIVITIES. 4 (9) THE TRAINING MANAGER SHALL ENSURE THAT THE TRAINING PRO- 5 GRAM COMPLIES AT ALL TIMES WITH ALL OF THE REQUIREMENTS OF THIS 6 SECTION AND THE RULES PROMULGATED UNDER THIS SECTION. 7 (10) THE TRAINING MANAGER SHALL ALLOW THE DEPARTMENT TO 8 AUDIT THE TRAINING PROGRAM TO VERIFY THE CONTENTS OF THE APPLICA- 9 TION FOR ACCREDITATION. 10 SEC. 5464. (1) A TRAINING PROGRAM MAY SEEK ACCREDITATION TO 11 OFFER REFRESHER TRAINING COURSES IN 1 OR MORE OF THE DISCIPLINES 12 DESCRIBED IN SECTION 5462(1). A TRAINING PROGRAM SHALL MEET 13 THOSE MINIMUM REQUIREMENTS CONTAINED IN RULES PROMULGATED BY THE 14 DEPARTMENT IN ORDER TO OBTAIN DEPARTMENT ACCREDITATION. 15 (2) A TRAINING PROGRAM MAY APPLY FOR ACCREDITATION OF A 16 REFRESHER COURSE CONCURRENTLY WITH ITS APPLICATION FOR ACCREDIT- 17 ATION OF THE CORRESPONDING TRAINING COURSE PURSUANT TO RULES 18 PROMULGATED BY THE DEPARTMENT. 19 (3) THE DEPARTMENT SHALL APPROVE AN APPLICATION FOR ACCRED- 20 ITATION OF A REFRESHER COURSE WITHIN 180 DAYS AFTER RECEIVING A 21 COMPLETE APPLICATION. UPON APPROVAL, THE DEPARTMENT SHALL SEND A 22 CERTIFICATE OF ACCREDITATION TO THE APPLICANT. BEFORE DISAPPROV- 23 AL, THE DEPARTMENT MAY ADVISE THE APPLICANT AS TO SPECIFIC INADE- 24 QUACIES IN THE APPLICATION FOR ACCREDITATION OR SPECIFIC 25 INSTANCES WHERE THE CONTINUING EDUCATION COURSE DOES NOT MEET THE 26 REQUIREMENTS OF THIS PART AND THE RULES PROMULGATED UNDER THIS 27 PART, OR BOTH. THE DEPARTMENT MAY ALSO REQUEST ADDITIONAL 05719'98 20 1 INFORMATION OR MATERIALS RETAINED BY THE TRAINING PROGRAM. IF 2 THE DEPARTMENT DENIES A TRAINING PROGRAM'S APPLICATION FOR 3 ACCREDITATION OF A REFRESHER COURSE, THE APPLICANT MAY REAPPLY 4 FOR ACCREDITATION AT ANY TIME. 5 SEC. 5465. (1) UNLESS REACCREDITED, A TRAINING PROGRAM'S 6 ACCREDITATION UNDER SECTION 5462, INCLUDING REFRESHER COURSE 7 TRAINING ACCREDITED UNDER SECTION 5464, EXPIRES 1 YEAR AFTER THE 8 DATE OF ISSUANCE. 9 (2) A TRAINING PROGRAM SEEKING REACCREDITATION SHALL SUBMIT 10 AN APPLICATION TO THE DEPARTMENT NO LATER THAN 45 DAYS BEFORE ITS 11 ACCREDITATION EXPIRES. 12 (3) A TRAINING PROGRAM'S APPLICATION FOR REACCREDITATION 13 SHALL INCLUDE ANY FEES AND INFORMATION REQUIRED PURSUANT TO RULES 14 PROMULGATED BY THE DEPARTMENT. 15 (4) UPON REQUEST, A TRAINING PROGRAM SHALL ALLOW THE DEPART- 16 MENT TO AUDIT THE TRAINING PROGRAM TO VERIFY THE CONTENTS OF THE 17 APPLICATION FOR REACCREDITATION. 18 SEC. 5466. (1) THE DEPARTMENT MAY, AFTER NOTICE AND AN 19 OPPORTUNITY FOR HEARING PURSUANT TO THE ADMINISTRATIVE PROCEDURES 20 ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, SUSPEND, REVOKE, 21 OR MODIFY A TRAINING PROGRAM ACCREDITATION OR A REFRESHER COURSE 22 TRAINING PROGRAM ACCREDITATION IF THE DEPARTMENT DETERMINES THAT 23 A TRAINING PROGRAM, TRAINING MANAGER, OR OTHER PERSON WITH SUPER- 24 VISORY AUTHORITY OVER THE TRAINING PROGRAM HAS DONE 1 OR MORE OF 25 THE FOLLOWING: 05719'98 21 1 (A) MISREPRESENTED THE CONTENTS OF A TRAINING COURSE TO THE 2 DEPARTMENT OR THE TRAINEES ENROLLED IN THE TRAINING PROGRAM, OR 3 BOTH. 4 (B) FAILED TO SUBMIT REQUIRED INFORMATION OR NOTIFICATIONS 5 IN A TIMELY MANNER. 6 (C) FAILED TO MAINTAIN REQUIRED RECORDS. 7 (D) FALSIFIED ACCREDITATION RECORDS, STUDENT CERTIFICATES, 8 INSTRUCTOR QUALIFICATIONS, OR OTHER ACCREDITATION-RELATED INFOR- 9 MATION OR DOCUMENTATION. 10 (E) FAILED TO COMPLY WITH THE TRAINING STANDARDS AND 11 REQUIREMENTS OF THIS PART AND THE RULES PROMULGATED UNDER THIS 12 PART. 13 (F) FAILED TO COMPLY WITH A FEDERAL, STATE, OR LOCAL STAT- 14 UTE, RULE, OR REGULATION INVOLVING LEAD-BASED PAINT ACTIVITIES. 15 (G) MADE FALSE OR MISLEADING STATEMENTS TO THE DEPARTMENT IN 16 ITS APPLICATION FOR ACCREDITATION OR REACCREDITATION THAT THE 17 DEPARTMENT RELIED UPON IN APPROVING THE APPLICATION. 18 (2) IN ADDITION TO AN ADMINISTRATIVE OR JUDICIAL FINDING OF 19 A VIOLATION, THE EXECUTION OF A CONSENT AGREEMENT IN SETTLEMENT 20 OF AN ENFORCEMENT ACTION IS CONSIDERED, FOR PURPOSES OF THIS SEC- 21 TION, EVIDENCE OF A FAILURE TO COMPLY WITH THE STANDARDS AND 22 REQUIREMENTS OF THIS PART AND THE RULES PROMULGATED UNDER THIS 23 PART OR OTHER RELEVANT STATUTES OR REGULATIONS INVOLVING 24 LEAD-BASED PAINT ACTIVITIES. 25 SEC. 5467. (1) AN ACCREDITED TRAINING PROGRAM SHALL MAIN- 26 TAIN, AND MAKE AVAILABLE TO THE DEPARTMENT, UPON REQUEST, ALL OF 27 THE FOLLOWING RECORDS: 05719'98 22 1 (A) EACH DOCUMENT THAT DEMONSTRATES THE QUALIFICATIONS OF A 2 TRAINING MANAGER OR A PRINCIPAL INSTRUCTOR. 3 (B) CURRENT CURRICULUM AND COURSE MATERIALS AND DOCUMENTS 4 REFLECTING CHANGES MADE TO THESE MATERIALS. 5 (C) THE COURSE TEST BLUEPRINT. 6 (D) INFORMATION REGARDING HOW THE HANDS-ON SKILLS ASSESSMENT 7 IS CONDUCTED INCLUDING, BUT NOT LIMITED TO, ALL OF THE 8 FOLLOWING: 9 (i) THE PERSON CONDUCTING THE HANDS-ON SKILLS ASSESSMENT. 10 (ii) THE METHOD OF GRADING THE HANDS-ON SKILLS. 11 (iii) A DESCRIPTION OF THE FACILITIES USED. 12 (iv) THE PASS/FAIL RATE. 13 (v) THE QUALITY CONTROL PLAN. 14 (vi) THE RESULTS OF THE STUDENTS' HANDS-ON SKILLS ASSESS- 15 MENTS AND COURSE TESTS AND A RECORD OF EACH STUDENT'S PARTICIPA- 16 TION, INCLUDING NAME, SOCIAL SECURITY NUMBER, AND SCORE, WITHIN 17 10 CALENDAR DAYS OF THE LAST DAY OF THE COURSE TAKEN. 18 (vii) ANY OTHER MATERIAL THAT WAS SUBMITTED TO THE DEPART- 19 MENT AS PART OF THE PROGRAM'S APPLICATION FOR ACCREDITATION. 20 (2) A TRAINING PROGRAM SHALL RETAIN THE RECORDS DESCRIBED IN 21 SUBSECTION (1) FOR AT LEAST 3-1/2 YEARS AT THE ADDRESS SPECIFIED 22 ON THE TRAINING PROGRAM ACCREDITATION APPLICATION. 23 (3) THE TRAINING PROGRAM SHALL NOTIFY THE DEPARTMENT IN 24 WRITING WITHIN 30 DAYS OF CHANGING THE ADDRESS SPECIFIED ON ITS 25 TRAINING PROGRAM ACCREDITATION APPLICATION OR TRANSFERRING THE 26 RECORDS FROM THAT ADDRESS. 05719'98 23 1 SEC. 5468. (1) AN INDIVIDUAL SEEKING CERTIFICATION BY THE 2 DEPARTMENT TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES SHALL PAY THE 3 APPROPRIATE APPLICATION FEE REQUIRED UNDER SECTION 5471 AND 4 SUBMIT AN APPLICATION TO THE DEPARTMENT DEMONSTRATING EITHER OF 5 THE FOLLOWING: 6 (A) COMPLIANCE WITH THE REQUIREMENTS OF THIS PART AND THE 7 RULES PROMULGATED UNDER THIS PART FOR THE PARTICULAR DISCIPLINE 8 FOR WHICH CERTIFICATION IS SOUGHT. 9 (B) A COPY OF A VALID LEAD-BASED PAINT ACTIVITIES CERTIFICA- 10 TION OR ITS EQUIVALENT, AS DETERMINED BY THE DEPARTMENT, FROM A 11 TRAINING PROGRAM THAT HAS BEEN AUTHORIZED BY THE EPA PURSUANT TO 12 40 C.F.R. PART 745 ALONG WITH PROOF OF THE APPLICANT'S THIRD 13 PARTY EXAMINATION RESULTS. 14 (2) FOLLOWING THE SUBMISSION OF AN APPLICATION DEMONSTRATING 15 THAT THE REQUIREMENTS OF THIS PART AND THE RULES PROMULGATED 16 UNDER THIS PART HAVE BEEN MET, THE DEPARTMENT SHALL CERTIFY AN 17 APPLICANT IN 1 OR MORE OF THE FOLLOWING DISCIPLINES: 18 (A) INSPECTOR. 19 (B) RISK ASSESSOR. 20 (C) SUPERVISOR. 21 (D) PROJECT DESIGNER. 22 (E) ABATEMENT WORKER. 23 (3) UPON RECEIVING THE DEPARTMENT CERTIFICATION IN 1 OR MORE 24 OF THE DISCIPLINES DESCRIBED IN SUBSECTION (2), AN INDIVIDUAL 25 CONDUCTING LEAD-BASED PAINT ACTIVITIES SHALL COMPLY WITH THE WORK 26 PRACTICE STANDARDS FOR PERFORMING THAT DISCIPLINE AS ESTABLISHED 27 UNDER THIS PART AND THE RULES PROMULGATED UNDER THIS PART. 05719'98 24 1 (4) BEGINNING MARCH 1, 1999, AN INDIVIDUAL SHALL NOT CONDUCT 2 A LEAD-BASED PAINT ACTIVITY UNLESS THAT INDIVIDUAL IS CERTIFIED 3 BY THE DEPARTMENT UNDER THIS SECTION IN THE APPROPRIATE 4 DISCIPLINE. 5 (5) AN INDIVIDUAL SHALL DO ALL OF THE FOLLOWING IN ORDER TO 6 BECOME CERTIFIED BY THE DEPARTMENT AS AN INSPECTOR, RISK ASSES- 7 SOR, ABATEMENT WORKER, OR SUPERVISOR: 8 (A) SUCCESSFULLY COMPLETE A COURSE IN THE APPROPRIATE DISCI- 9 PLINE AND RECEIVE A COURSE COMPLETION CERTIFICATE FROM AN ACCRED- 10 ITED TRAINING PROGRAM. 11 (B) PASS THE THIRD PARTY EXAM IN THE APPROPRIATE 12 DISCIPLINE. 13 (C) MEET THE EXPERIENCE OR EDUCATION REQUIREMENTS, OR BOTH, 14 AS DESCRIBED IN RULES PROMULGATED BY THE DEPARTMENT. 15 (6) AFTER AN INDIVIDUAL PASSES THE APPROPRIATE CERTIFICATION 16 EXAM AND SUBMITS AN APPLICATION DEMONSTRATING THAT HE OR SHE 17 MEETS THE APPROPRIATE TRAINING, EDUCATION, AND EXPERIENCE 18 REQUIREMENTS, THE DEPARTMENT SHALL ISSUE A CERTIFICATE TO THE 19 INDIVIDUAL IN THE SPECIFIC DISCIPLINE FOR WHICH CERTIFICATION IS 20 SOUGHT. TO MAINTAIN CERTIFICATION, AN INDIVIDUAL MUST BE RECER- 21 TIFIED PURSUANT TO THIS PART. 22 (7) AN INDIVIDUAL SHALL TAKE THE THIRD PARTY EXAM WITHIN 6 23 MONTHS AFTER RECEIVING A COURSE COMPLETION CERTIFICATE OR MUST 24 AGAIN COMPLETE THE APPROPRIATE COURSE FROM AN ACCREDITED TRAINING 25 PROGRAM IN ORDER TO BE ELIGIBLE FOR CERTIFICATION. AN INDIVIDUAL 26 IS NOT ELIGIBLE TO TAKE THE THIRD PARTY EXAM MORE THAN 3 TIMES 05719'98 25 1 WITHIN THE 6 MONTHS AFTER RECEIVING A COURSE COMPLETION 2 CERTIFICATE. 3 (8) AN INDIVIDUAL SHALL DO BOTH OF THE FOLLOWING IN ORDER TO 4 BECOME CERTIFIED BY THE DEPARTMENT AS A PROJECT DESIGNER: 5 (A) SUCCESSFULLY COMPLETE A COURSE IN THE APPROPRIATE DISCI- 6 PLINE AND RECEIVE A COURSE COMPLETION CERTIFICATE FROM AN ACCRED- 7 ITED TRAINING PROGRAM. 8 (B) MEET THE EXPERIENCE OR EDUCATION REQUIREMENTS, OR BOTH, 9 AS DESCRIBED IN RULES PROMULGATED BY THE DEPARTMENT. 10 (9) AFTER AN INDIVIDUAL HAS SUCCESSFULLY COMPLETED THE 11 APPROPRIATE TRAINING COURSES, APPLIED TO THE DEPARTMENT, AND MET 12 THE REQUIREMENTS OF THIS PART AND THE RULES PROMULGATED UNDER 13 THIS PART, THE DEPARTMENT SHALL ISSUE A CERTIFICATE TO THE INDI- 14 VIDUAL IN THE DISCIPLINE OF PROJECT DESIGNER. TO MAINTAIN CERTI- 15 FICATION, THE INDIVIDUAL MUST BE PERIODICALLY RECERTIFIED PURSU- 16 ANT TO THIS PART. 17 (10) AN INDIVIDUAL WHO RECEIVED TRAINING IN A LEAD-BASED 18 PAINT ACTIVITY BETWEEN OCTOBER 1, 1990 AND MARCH 1, 1999 AND AN 19 INDIVIDUAL WHO HAS RECEIVED LEAD-BASED PAINT ACTIVITIES TRAINING 20 AT AN EPA-AUTHORIZED ACCREDITED TRAINING PROGRAM ARE ELIGIBLE FOR 21 CERTIFICATION BY THE DEPARTMENT UNDER RULES PROMULGATED BY THE 22 DEPARTMENT. 23 (11) UNTIL AUGUST 30, 1999, AN INDIVIDUAL MAY APPLY TO THE 24 DEPARTMENT FOR CERTIFICATION UNDER SUBSECTION (10). BEGINNING 25 AUGUST 30, 1999, AN INDIVIDUAL SEEKING CERTIFICATION TO ENGAGE IN 26 LEAD-BASED PAINT ACTIVITIES SHALL APPLY FOR INITIAL CERTIFICATION 27 UNDER THIS PART. 05719'98 26 1 (12) UPON SUBMISSION OF AN APPLICATION AND PAYMENT OF THE 2 APPROPRIATE FEE, THE DEPARTMENT SHALL ISSUE A CERTIFICATION TO 3 ENGAGE IN LEAD-BASED PAINT ACTIVITIES TO AN INDIVIDUAL REGISTERED 4 BY THE DEPARTMENT BY AUGUST 30, 1998 UNDER THE DEPARTMENT'S VOL- 5 UNTARY REGISTRATION PROGRAM. 6 (13) IN ORDER TO MAINTAIN CERTIFICATION IN A PARTICULAR DIS- 7 CIPLINE, A CERTIFIED INDIVIDUAL SHALL APPLY TO AND BE RECERTIFIED 8 IN THAT DISCIPLINE BY THE DEPARTMENT EVERY 3 YEARS. 9 SEC. 5469. (1) BEGINNING AUGUST 30, 1999, A PERSON SHALL 10 NOT PERFORM OR OFFER TO PERFORM LEAD-BASED PAINT ACTIVITIES WITH- 11 OUT OBTAINING CERTIFICATION BY THE DEPARTMENT UNDER THIS PART. 12 (2) A PERSON SEEKING CERTIFICATION UNDER SUBSECTION (1) 13 SHALL SUBMIT TO THE DEPARTMENT A LETTER ATTESTING THAT THE PERSON 14 SHALL ONLY EMPLOY APPROPRIATELY CERTIFIED EMPLOYEES TO CONDUCT 15 LEAD-BASED PAINT ACTIVITIES AND THAT THE PERSON AND ITS EMPLOYEES 16 SHALL FOLLOW THE WORK PRACTICE STANDARDS FOR CONDUCTING 17 LEAD-BASED PAINT ACTIVITIES AS ESTABLISHED IN RULES PROMULGATED 18 BY THE DEPARTMENT. 19 (3) A PERSON SEEKING CERTIFICATION UNDER SUBSECTION (1) 20 SHALL DO ALL OF THE FOLLOWING: 21 (A) COMPLETE THE APPLICATION AND PAY THE APPROPRIATE FEE 22 ACCOMPANIED BY A CORPORATE IDENTIFICATION NUMBER, CERTIFICATE OF 23 SOLE PROPRIETORSHIP, OR OTHER BUSINESS ENTITY DOCUMENTATION 24 ACCEPTABLE TO THE DEPARTMENT. 25 (B) INDICATE WHETHER THE APPLICANT HAS LIABILITY INSURANCE. 26 (C) SUBMIT PROOF OF MICHIGAN WORKERS' DISABILITY 27 COMPENSATION INSURANCE. 05719'98 27 1 (D) SUBMIT PROOF THAT EACH EMPLOYEE OR AGENT INVOLVED IN 2 LEAD-BASED PAINT ACTIVITIES HAS RECEIVED TRAINING AND CERTIFICA- 3 TION AS REQUIRED BY THIS PART. 4 (E) IF APPLICABLE, SUBMIT THE NAME OF EACH PRINCIPAL PART- 5 NER, SHAREHOLDER, MEMBER, OR OWNER. 6 (4) NOT MORE THAN 90 DAYS FROM THE DATE OF RECEIPT OF THE 7 PERSON'S COMPLETED APPLICATION, THE DEPARTMENT SHALL APPROVE OR 8 DISAPPROVE THE PERSON'S REQUEST FOR CERTIFICATION. WITHIN THAT 9 TIME PERIOD, THE DEPARTMENT SHALL RESPOND WITH EITHER A CERTIFI- 10 CATE OF APPROVAL OR A LETTER DESCRIBING THE REASONS FOR A 11 DISAPPROVAL. 12 (5) A PERSON CERTIFIED BY THE DEPARTMENT UNDER THIS SECTION 13 SHALL MAINTAIN ALL RECORDS PURSUANT TO THE REQUIREMENTS IMPOSED 14 IN RULES PROMULGATED BY THE DEPARTMENT. 15 SEC. 5470. BEGINNING ON MARCH 1, 1999, ALL LEAD-BASED PAINT 16 ACTIVITIES SHALL BE PERFORMED BY AN INDIVIDUAL CERTIFIED IN THE 17 APPROPRIATE DISCIPLINE UNDER THIS PART AND PURSUANT TO THE WORK 18 PRACTICE STANDARDS PRESCRIBED IN RULES PROMULGATED BY THE 19 DEPARTMENT. 20 SEC. 5471. (1) FEES FOR A PERSON ACCREDITED OR SEEKING 21 ACCREDITATION FOR A TRAINING PROGRAM OFFERING COURSES OR 22 REFRESHER COURSES IN LEAD-BASED PAINT ACTIVITIES ARE AS FOLLOWS: 23 (A) APPLICATION PROCESSING FEE.................. $100.00. 24 (B) INITIAL ACCREDITATION FEE................... $475.00. 25 (C) REACCREDITATION FEE, ANNUAL................. $265.00. 05719'98 28 1 (2) FEES FOR AN INDIVIDUAL CERTIFIED OR SEEKING 2 CERTIFICATION TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES ARE AS 3 FOLLOWS: 4 (A) APPLICATION PROCESSING FEE.................. $25.00. 5 (B) CERTIFICATION FEE, PER YEAR: 6 (i) INSPECTOR................................... $135.00. 7 (ii) RISK ASSESSOR.............................. $140.00. 8 (iii) SUPERVISOR................................ $145.00. 9 (iv) PROJECT DESIGNER........................... $155.00. 10 (v) ABATEMENT WORKER............................ $40.00. 11 (3) FEES FOR A PERSON CERTIFIED OR SEEKING CERTIFICATION TO 12 ENGAGE IN LEAD-BASED PAINT ACTIVITIES ARE AS FOLLOWS: 13 (A) APPLICATION PROCESSING FEE.................. $100.00. 14 (B) CERTIFICATION FEE, PER YEAR................. $220.00. 15 (4) AT THE BEGINNING OF EACH STATE FISCAL YEAR, THE DEPART- 16 MENT MAY INCREASE THE FEES COLLECTED UNDER THIS SECTION BY A PER- 17 CENTAGE AMOUNT EQUAL TO NOT MORE THAN THE AVERAGE PERCENTAGE WAGE 18 AND SALARY INCREASE GRANTED FOR THAT FISCAL YEAR TO CLASSIFIED 19 CIVIL SERVICE EMPLOYEES EMPLOYED BY THE DEPARTMENT. 20 (5) IF THE DEPARTMENT INCREASES FEES UNDER SUBSECTION (4), 21 THE INCREASE SHALL BE EFFECTIVE FOR THAT FISCAL YEAR. THE 22 INCREASED FEES SHALL BE USED BY THE DEPARTMENT AS THE BASIS FOR 23 CALCULATING FEE INCREASES IN SUBSEQUENT FISCAL YEARS. 24 (6) BY AUGUST 1 OF EACH YEAR, THE DEPARTMENT SHALL PROVIDE 25 TO THE DIRECTOR OF THE DEPARTMENT OF MANAGEMENT AND BUDGET AND TO 26 THE CHAIRPERSONS OF THE APPROPRIATIONS COMMITTEES OF THE SENATE 05719'98 29 1 AND HOUSE OF REPRESENTATIVES A COMPLETE SCHEDULE OF FEES TO BE 2 COLLECTED UNDER THIS SECTION. 3 SEC. 5472. BEFORE BEGINNING A LEAD-BASED PAINT ACTIVITY, A 4 PERSON CONDUCTING LEAD-BASED PAINT ACTIVITIES SHALL NOTIFY THE 5 DEPARTMENT, ON FORMS PROVIDED BY THE DEPARTMENT, REGARDING INFOR- 6 MATION THE DEPARTMENT, CONSIDERS NECESSARY IN ORDER TO CONDUCT AN 7 UNANNOUNCED SITE INSPECTION. THE PERSON SHALL SEND NOTIFICATION 8 NOT LESS THAN 7 CALENDAR DAYS BEFORE COMMENCING THE LEAD-BASED 9 PAINT ACTIVITY. 10 SEC. 5473. THE LEGISLATURE SHALL ANNUALLY APPROPRIATE TO 11 THE DEPARTMENT AN AMOUNT SUFFICIENT TO ADMINISTER AND ENFORCE 12 THIS PART. THESE FUNDS SHALL BE OFFSET BY FUNDS RECEIVED FROM 13 FEDERAL AGENCIES IN THE FORM OF GRANTS OR OTHER FUNDING 14 PROVISIONS. ALL FUNDS GENERATED BY THIS PART SHALL BE DEPOSITED 15 INTO THE GENERAL FUND TO BE USED EXCLUSIVELY BY THE DEPARTMENT TO 16 CARRY OUT THE DUTIES AND RESPONSIBILITIES OF THIS PART. 17 SEC. 5474. (1) THE DEPARTMENT SHALL ADMINISTER THIS PART 18 AND PROMULGATE RULES AS MAY BE NECESSARY FOR THE ADMINISTRATION 19 AND ENFORCEMENT OF THIS PART PURSUANT TO THE ADMINISTRATIVE PRO- 20 CEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. 21 (2) THE DEPARTMENT MAY AUTHORIZE, COORDINATE, AND CONDUCT 22 PROGRAMS ON PUBLIC EDUCATION ON THE NATURE AND CONSEQUENCES OF 23 LEAD-BASED PAINT HAZARDS AND ON THE NEED FOR LEAD-HAZARD REDUC- 24 TION ACTIVITIES. 25 SEC. 5475. (1) THE DEPARTMENT SHALL RECEIVE OR INITIATE 26 COMPLAINTS OF ALLEGED VIOLATIONS OF THIS PART OR RULES 05719'98 30 1 PROMULGATED UNDER THIS PART AND TAKE ACTION WITH RESPECT TO 2 ALLEGED VIOLATIONS OR COMPLAINTS AS PRESCRIBED BY THIS PART. 3 (2) THE DEPARTMENT, IN ITS OWN DISCRETION, OR UPON THE WRIT- 4 TEN COMPLAINT OF AN AGGRIEVED PARTY OR OF A STATE AGENCY OR 5 POLITICAL SUBDIVISION OF THIS STATE, MAY INVESTIGATE THE ACTS OF 6 AN ACCREDITED TRAINING PROGRAM OR AN INDIVIDUAL OR OTHER PERSON 7 CERTIFIED UNDER THIS PART. THE DEPARTMENT MAY DENY, SUSPEND, OR 8 REVOKE CERTIFICATION OR ACCREDITATION ISSUED UNDER THIS PART IF A 9 CERTIFIED PERSON, ACCREDITED TRAINING PROGRAM, OR CERTIFIED INDI- 10 VIDUAL IS FOUND TO BE NOT IN COMPLIANCE WITH THIS PART OR THE 11 RULES PROMULGATED UNDER THIS PART. IN ADDITION, THE DEPARTMENT 12 MAY DENY, SUSPEND, OR REVOKE A CERTIFICATION OR ACCREDITATION 13 ISSUED UNDER THIS PART FOR 1 OR MORE OF THE FOLLOWING: 14 (A) WILLFUL OR NEGLIGENT ACTS THAT CAUSE A PERSON TO BE 15 EXPOSED TO A LEAD-CONTAINING SUBSTANCE IN VIOLATION OF THIS PART, 16 THE RULES PROMULGATED UNDER THIS PART, OR OTHER STATE OR FEDERAL 17 LAW PERTAINING TO THE PUBLIC HEALTH AND SAFETY ASPECTS OF LEAD 18 ABATEMENT. 19 (B) FALSIFICATION OF RECORDS REQUIRED UNDER THIS PART. 20 (C) CONTINUED FAILURE TO OBTAIN OR RENEW CERTIFICATION OR 21 ACCREDITATION UNDER THIS PART. 22 (D) DELIBERATE MISREPRESENTATION OF FACTS OR INFORMATION IN 23 APPLYING FOR CERTIFICATION OR ACCREDITATION UNDER THIS PART. 24 (E) PERMITTING A PERSON WHO HAS NOT RECEIVED THE PROPER 25 TRAINING AND CERTIFICATION UNDER THIS PART OR OTHER APPLICABLE 26 STATE OR FEDERAL LAW TO COME IN CONTACT WITH LEAD OR BE 27 RESPONSIBLE FOR A LEAD ABATEMENT PROJECT. 05719'98 31 1 (3) IF THE ACCREDITATION OR THE CERTIFICATION OF A PERSON IS 2 DENIED, SUSPENDED, OR REVOKED UNDER THIS SECTION, THE DENIAL, 3 SUSPENSION, OR REVOCATION APPLIES TO EACH PARTNER, TRUSTEE, 4 DIRECTOR, OFFICER, MEMBER, OR OTHER PERSON EXERCISING CONTROL OF 5 THE PERSON. 6 SEC. 5476. (1) A PERSON WHO VIOLATES THIS PART IS SUBJECT 7 TO AN ADMINISTRATIVE FINE UP TO THE FOLLOWING AMOUNTS FOR EACH 8 VIOLATION OR EACH DAY THAT A VIOLATION CONTINUES: 9 (A) FOR A FIRST VIOLATION...................... $2,000.00. 10 (B) FOR A SECOND VIOLATION..................... $5,000.00. 11 (C) FOR A THIRD OR SUBSEQUENT VIOLATION........ $10,000.00. 12 (2) IF THE DEPARTMENT HAS REASONABLE CAUSE TO BELIEVE THAT A 13 PERSON HAS VIOLATED THIS PART OR A RULE PROMULGATED UNDER THIS 14 PART, THE DEPARTMENT MAY ISSUE A CITATION AT THAT TIME OR NOT 15 LATER THAN 180 DAYS AFTER DISCOVERY OF THE ALLEGED VIOLATION. 16 THE CITATION SHALL BE WRITTEN AND SHALL STATE WITH PARTICULARITY 17 THE NATURE OF THE VIOLATION AS PROVIDED FOR BY THE ADMINISTRATIVE 18 PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. AN 19 ALLEGED VIOLATOR MAY REQUEST AN ADMINISTRATIVE HEARING PURSUANT 20 TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 21 24.201 TO 24.328. 22 SEC. 5477. (1) A PERSON WHO ENGAGES IN A REGULATED ACTIVITY 23 AS PROVIDED FOR BY THIS PART OR ANY PERSON WHO VIOLATES THIS PART 24 OR ANY RULES PROMULGATED UNDER THIS PART AND WHO FAILS TO CORRECT 25 THE VIOLATION AFTER NOTICE FROM THE DEPARTMENT UNDER THIS PART IS 26 GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN 27 $5,000.00, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT 05719'98 32 1 OFFENSE, NOT MORE THAN $10,000.00, OR IMPRISONMENT FOR NOT MORE 2 THAN 6 MONTHS, OR BOTH. A VIOLATION OF THIS PART MAY BE PROSE- 3 CUTED BY EITHER THE ATTORNEY GENERAL OR THE PROSECUTING ATTORNEY 4 OF THE JUDICIAL DISTRICT IN WHICH THE VIOLATION WAS COMMITTED. 5 (2) THE APPLICATION OF SANCTIONS UNDER THIS PART IS NOT 6 CUMULATIVE AND DOES NOT PRECLUDE THE APPLICATION OF OTHER SANC- 7 TIONS, PENALTIES, OR PROVISIONS OF ANY OTHER FEDERAL, STATE, OR 8 POLITICAL SUBDIVISION. 05719'98 Final page. LBO