Title of Regulation: 18VAC15-20. Virginia Asbestos Licensing Regulations (amending 18VAC15-20-70, 18VAC15-20-470, 18VAC15-20-520).

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.

Public Hearing Information:

February 27, 2014 - 11 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Richmond, Virginia 23233

Public Comment Deadline: March 14, 2014.

Agency Contact: Trisha Henshaw, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email alhi@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia states that the board has the power and duty to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) necessary to assure continued competency, prevent deceptive or misleading practices by practitioners, and effectively administer the regulatory system administered by the board.

Section 54.1-501 of the Code of Virginia states that the board shall promulgate regulations regarding the professional qualifications of home inspector applicants, the requirements necessary for passing home inspector examinations in whole or in part, the proper conduct of its examinations, the proper conduct of the home inspectors certified by the board, the implementation of exemptions from certifications requirements, and the proper discharge of its duties.

Purpose: In response to the Governor's Regulatory Reform Initiative, the Board for Asbestos, Lead, and Home Inspectors reviewed its current regulations to identify, amend, or repeal any regulations that are unnecessary or no longer in use and reduce unnecessary regulatory burdens on regulated groups. The purpose of the amendments is to lessen restrictions on regulants without compromising public health, safety, or welfare.

Substance: Currently, any licensee or accredited asbestos training provider who fails to renew his license or accredited asbestos training program approval within six months after the expiration must apply as a new applicant. The proposed amendment extends this grace period to 12 months. The second amendment increases the time period from 24 hours to 10 business days for accredited asbestos training providers to submit course participant lists. The third amendment eliminates the requirement to have a minimum of two instructors for all initial accredited asbestos training programs except for initial worker.

Issues: The primary advantage to businesses is eliminating the burden on training providers to submit participant lists within 24 hours, which may prove difficult if a training course ends at 5 p.m. on a Friday. Also, since initial training courses have fewer participants, except for initial worker, it will lessen the burden for training providers by not requiring two instructors per initial program. There are no disadvantages to the public since these individuals cannot work with an expired license and training providers cannot offer or conduct training programs with expired approvals. This action poses no advantages or disadvantages to the Commonwealth. The primary advantage to those individuals and training providers whose license or approval has expired is having an additional six months to renew before having to apply as a new applicant.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board for Asbestos, Lead, and Home Inspectors (Board) proposes to allow a licensee or an accredited asbestos training provider to renew a license or accredited asbestos training program up to 12 months after the expiration of the license or accreditation without reapplying as a new applicant. The Board also proposes to allow more than 24 hours for accredited asbestos training providers to submit course participant lists. Finally, the Board proposes to no longer require two instructors for most initial accredited asbestos training programs.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Late renewal - Under the current regulations, Each license and each approved accredited asbestos training program not renewed within six months after the expiration date shall not be renewed and the licensee or approved accredited asbestos training program shall apply for a new license or new approval. Licensees who seek to renew late, but not more than six months late, are required to pay the renewal fee ($25 or $40, depending on license) and late renewal fee ($25), and submit a copy of a current refresher training course certificate or take another initial training course if their most recent training has been expired for more than twelve months. Licensees who are more than six months late must apply as a new applicant, pay the application fee ($25 or $40, depending on license), submit verification of their experience (if applicable), and submit copies of their initial training course and all subsequent refresher training course certificates or take another initial training course if their most recent training has been expired for more than twelve months.

The Board proposes to change the six months to twelve months; licensees who are between six and 12 months late must apply as a new applicant under the currents regulations, but would qualify to renew late under the proposed regulations. These individuals could save time, effort and other administrative costs associated with submitting documentation. Licensees who are between six and 12 months late would pay $25 more in fees with the proposed change,¹ but would save the time, effort and other administrative costs associated with submitting documentation.

Unlike for licensure, the application fees for asbestos training provider accreditation are more than $25 higher than the renewal fees. Thus the proposal to change the six months to twelve months will reduce net fees for accredited asbestos training providers who are between six and twelve months late in seeking to renew accreditation.²

Training program participant list - Under the current regulations, the manager of each accredited asbestos training program must provide to the board the program participant list no later than 24 hours following the training program completion. The Board proposes to change the requirement to providing the program participant list no later than 10 business days following the training program completion. This would be significantly less burdensome for training providers and is considered sufficient by the Board. Therefore this proposed change should produce a net benefit for the Commonwealth.

Number of instructors - Under the current regulations, At least two instructors shall be used for each supervisor, inspector, management planner, project designer and project monitor initial accredited asbestos training program. The Board proposes to eliminate the requirement to have two instructors for these initial accredited asbestos training programs by deleting the above sentence from the regulations. The Board has determined that these training programs tend to have small numbers of participants per class. Thus the current requirement for two instructors is overly burdensome and unnecessary. This proposed change should produce a net benefit for the Commonwealth.

Businesses and Entities Affected. The proposed amendments potentially affect the 33 accredited asbestos training providers and 4,154 individuals licensed as an asbestos worker, asbestos supervisor, asbestos inspector, asbestos management planner, asbestos project designer, asbestos project monitor or asbestos contractor in the Commonwealth.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments will moderately reduce costs for asbestos training providers.

Small Businesses: Costs and Other Effects. The proposed amendments will moderately reduce costs for small asbestos training providers.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ The only fee paid by new applicants is the application fee. The application fees and the renewal fees are the same. Those renewing late pay a $25 late fee in addition to the renewal fee.

² The application fee for accredited asbestos training program approval is $400 per day of training, while the renewal fee is $50 and the late fee is $25.

Agency's Response to Economic Impact Analysis: The Board for Asbestos, Lead, and Home Inspectors concurs with approval.

Summary:

The proposed amendments (i) allow a licensee or an accredited asbestos training provider to renew a license or accredited asbestos training program up to 12 months after the expiration of the license or accreditation without reapplying as a new applicant, (ii) extend the time frame for accredited asbestos training providers to submit course participant lists to 10 business days, and (iii) no longer require two instructors for most initial accredited asbestos training programs.

18VAC15-20-70. Procedures for renewal.

A. The department shall mail a renewal notice to each licensee and to each approved accredited asbestos training program at the last known address. The notice shall outline the procedures for renewal and the renewal fee amount. Failure to receive the notice shall not relieve the licensee or the approved accredited asbestos training program of the obligation to renew in a timely fashion.

B. Prior to the expiration date shown on the license or approval letter, each licensed asbestos contractor and licensed asbestos analytical laboratory desiring to renew the license shall return the renewal notice together with the appropriate fee specified in 18VAC15-20-53 to the department. Should the licensee fail to receive the renewal notice, a copy of the current license may be submitted with the required fee.

C. Prior to the expiration date shown on the individual's current license, the individual desiring to renew that license shall provide evidence of meeting the annual refresher training requirement for license renewal and the appropriate fee specified in 18VAC15-20-53. The board will accept any asbestos training programs that are approved by EPA/AHERA or the board. A copy of the training certificate documenting the successful completion of the refresher training for the license discipline being renewed and meeting the requirements outlined in this chapter shall accompany the renewal notice and fee.

D. Prior to the expiration date shown on the approval letter, each accredited asbestos training program desiring to renew the approval shall return the renewal notice to the department together with the following:

1. Appropriate fee specified in 18VAC15-20-53.

2. Any changes made to the training program.

3. Dates on which the training material was last updated.

4. Statement indicating that the training program continues to meet the regulation requirements established in this chapter.

Should an approved accredited asbestos training program fail to receive the renewal notice, a letter indicating the desire to renew and the applicable fee may be submitted.

E. Project monitors who also hold a valid Virginia asbestos supervisor or project designer license may meet the renewal training requirements by completing the supervisor refresher or project designer refresher, whichever is applicable. Project monitors who hold only a project monitor license shall complete an accredited asbestos project monitor refresher training program to meet the renewal training requirements.

F. Annual refresher training certificates shall only be used once to renew an individual license.

G. Each license and each accredited asbestos training program approval that is not renewed within 30 days of the expiration date on the license or approval shall be subject to late renewal fees as established in 18VAC15-20-53.

H. Each license and each approved accredited asbestos training program not renewed within six 12 months after the expiration date shall not be renewed and the licensee or approved accredited asbestos training program shall apply for a new license or new approval.

18VAC15-20-470. Recordkeeping and provision of records to the board.

A. The training manager shall notify the board no less than 48 hours prior to the start date of any accredited asbestos training program.

B. The training manager shall provide an updated notification when an accredited asbestos training program will begin on a date other than the start date specified in the original notification as follows:

1. For accredited asbestos training programs beginning prior to the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date.

2. For accredited asbestos training programs beginning after the start date provided to the board, an updated notification must be received by the board at least 48 hours before the start date provided to the board.

C. The training manager shall update the board of any change in location of an accredited asbestos training program at least 48 hours prior to the start date provided to the board.

D. The training manager shall update the board regarding any accredited asbestos training program cancellations or any other change to the original notification at least 48 hours prior to the start date provided to the board. This requirement shall not apply to situations or circumstances beyond the control of the training provider.

E. Each notification, including updates, shall include the following:

1. Notification type (original, update, cancellation).

2. Training program name, Virginia accreditation number, address, and telephone number.

3. Course discipline, type (initial/refresher), and the language in which the instruction will be given.

4. Dates and times of training.

5. Training locations, telephone number, and address.

6. Principal instructor's name.

7. Training manager's name and signature.

F. For all accredited asbestos training programs approved by the board, the training provider shall keep a training program participant list of all of the individuals attending the accredited asbestos training program. The training program participant list shall contain the following minimum information:

1. Training program name, Virginia accreditation number, address, and telephone number.

2. Course discipline and type (initial/refresher).

3. Dates of training.

4. Location of training program presentation.

5. Each participant's name, address, social security number, course completion certificate number, and course test score.

6. Principal instructor's name.

7. Training manager's name and signature.

G. The training program participant list shall be completed by the training program principal instructor and training program participants daily.

H. The training program participant list shall be retained by the training provider for three years following the date of completion of the training program.

I. The training manager shall provide to the board the accredited asbestos training program participant list no later than 24 hours 10 business days following the training program completion.

J. Notifications and training program participant lists shall be submitted electronically in the manner established by the board specifically to receive this documentation using a sample form designed by and available from the board. Any variation upon this procedure shall be approved by the board prior to submission.

K. The training provider shall retain all examinations completed by training program participants for a period of three years.

L. The department shall not recognize training certificates from approved training providers that fail to notify or fail to provide a training program participant list.

18VAC15-20-520. Number of instructors required to provide training.

A. The board strongly recommends a minimum of two instructors to teach an accredited asbestos initial worker training program.

B. At least two instructors shall be used for each supervisor, inspector, management planner, project designer and project monitor initial accredited asbestos training program.

C. B. One instructor is adequate per accredited asbestos refresher training program.

D. C. At least one instructor shall be in the classroom and available to the students at all times during the accredited asbestos training program.