The department shall adopt rules to:

     (1) Establish procedures and requirements for the accreditation of lead-based paint activities training programs including, but not limited to, the following:

     (a) Training curriculum;

     (b) Training hours;

     (c) Hands-on training;

     (d) Trainee competency and proficiency;

     (e) Training program quality control;

     (f) Procedures for the reaccreditation of training programs;

     (g) Procedures for the oversight of training programs; and

     (h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of training offered by an accredited training provider in another state or Indian tribe authorized by the environmental protection agency;

     (2) Establish procedures for the purposes of certification, for the acceptance of training offered by an accredited training provider in a state or Indian tribe authorized by the environmental protection agency;

     (3) Certify individuals involved in lead-based paint activities to ensure that certified individuals are trained by an accredited training program and possess appropriate educational or experience qualifications for certification;

     (4) Establish procedures for recertification;

     (5) Require the conduct of lead-based paint activities in accordance with work practice standards;

     (6) Establish procedures for the suspension, revocation, or modification of certifications;

     (7) Establish requirements for the administration of third-party certification exams;

     (8) Use laboratories accredited under the environmental protection agency's national lead laboratory accreditation program;

     (9) Establish work practice standards for the conduct of lead-based paint activities for:

     (a) Inspection for presence of lead-based paint;

     (b) Risk assessment; and

     (c) Abatement;

     (10) Establish an enforcement response policy that shall include:

     (a) Warning letters, notices of noncompliance, notices of violation, or the equivalent;

     (b) Administrative or civil actions, including penalty authority, including accreditation or certification suspension, revocation, or modification; and

     (c) Authority to apply criminal sanctions or other criminal authority using existing state laws as applicable.

     The department shall prepare and submit a biennial report to the legislature regarding the program's status, its costs, and the number of persons certified by the program.

[2003 c 322 § 5.]