Feed for /code/admin_code/dhs/110/163 PDF
DHS 163.24(3)(b)7.c. c. $50 for a lead project design instructor application, which includes approval to teach only lead project design courses.
DHS 163.24(3)(b)7.d. d. The department may impose other fees as necessary to cover costs of administering this chapter.
DHS 163.24 Note Note: Application and credit card payment forms are available on the department website at www.dhs.wisconsin.gov/lead; email dhsasbestoslead@wisconsin.gov; ph. 608-261-6876; fax 608-266-9711; or Asbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659.
DHS 163.24 Note Note: Submit application and fee to the Asbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659, or fax to 608-266-9711. For application submitted by fax, payment may be made only by credit or debit charge to a VISA or MasterCard.
DHS 163.24(3)(c) (c) Approval procedures.
DHS 163.24(3)(c)1.1. Within 10 working days after the submission of all required application information, including acceptable documentation of training, education and experience, the department shall either grant or deny approval for an applicant to be a principal instructor.
DHS 163.24(3)(c)2. 2. If approval is granted, the department shall send the applicant written notification of approval.
DHS 163.24(3)(c)3. 3. If approval is denied, the department shall give the applicant reasons in writing why the application was denied and shall notify the applicant of the right to appeal the determination under s. DHS 163.33.
DHS 163.24(3)(d) (d) Length of approval. The department may grant principal instructor approval that shall be valid until the expiration of the instructor's qualifying lead certification.
DHS 163.24(3)(e) (e) Renewal of approval.
DHS 163.24(3)(e)1.1. `Application.' Before approval and the qualifying certification expire, the principal instructor shall apply for renewal of approval by submitting to the department both of the following:
DHS 163.24(3)(e)1.a. a. A completed application for renewal of approval. The application shall include the applicant's social security number.
DHS 163.24(3)(e)1.b. b. An approval renewal fee of $50 for lead investigation instructor or lead hazard reduction instructor approval or $25 for lead project design instructor approval. The department shall refund the approval renewal fee if approval is denied and is not appealed or is appealed and the denial is upheld.
DHS 163.24(3)(e)2. 2. `Qualifications.' For renewal of approval as a principal instructor, the individual shall apply for a 2-year recertification in the required discipline under par. (a) 2., shall receive a 2-year recertification, and shall be in compliance with this chapter.
DHS 163.24(3)(e)3. 3. `Decision.'
DHS 163.24(3)(e)3.a.a. Within 10 working days after the submission of all required application information, the department shall either grant or deny approval.
DHS 163.24(3)(e)3.b. b. If renewal of approval is granted, the department shall send the applicant written notification of approval.
DHS 163.24(3)(e)3.c. c. If renewal of approval is denied, the department shall give the applicant reasons in writing why the application was denied and shall notify the applicant of the right to appeal the determination under s. DHS 163.33.
DHS 163.24(3)(e)4. 4. `Duration.' Renewal of principal instructor approval shall be valid until the expiration of the instructor's qualifying lead certification.
DHS 163.24(4) (4)Guest instructor.
DHS 163.24(4)(a)(a) Qualifications. A guest instructor shall have experience in each topic the guest instructor proposes to teach and in each hands-on activity for which the guest instructor will assist the principal instructor. Guest instructor qualifications shall be documented on a form obtained from the department and kept on file by the training manager. The form shall document appropriate training and experience in each topic area the instructor intends to teach and in each hands-on activity for which the guest instructor will provide assistance. The training manager is responsible for verifying qualifications and credentials and for designating guest instructors as needed.
DHS 163.24(4)(b) (b) Submission of qualifications. A training manager shall submit to the department a copy of the qualifications of each guest instructor the training manager designates before the guest instructor participates in a course.
DHS 163.24(4)(c) (c) Department action. If the department notifies a training manager that a guest instructor does not meet the qualifications under par. (a), the training manager shall withdraw designation of the guest instructor until the qualifications are met.
DHS 163.24(5) (5)Equivalent training and experience. The department may approve training, education and experience qualifications other than those in this section if the department, following consideration and evaluation of the qualifications on a case-by-case basis, finds that the qualifications are substantially equivalent to and as protective of human health and the environment as the requirements of this section.
DHS 163.24 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) (a) (intro.), (3) (a) 2., 3. a. to c., (b) 5., and 7. a. to c., eff. 10-16-09; CR 09-085: am. (2) (a) (intro.), (3) (a) 2., 3. a. to c., (b) 5., and 7. a. to c. Register March 2010 No. 651, eff. 4-1-10.
DHS 163.25 DHS 163.25 Administrative responsibilities of training managers.
DHS 163.25(1)(1)Advertising. The training manager for an accredited training course shall ensure that any advertisement for the course includes the same name and address of the course provider as it appears on the application for accreditation or as later changed by notice to the department under sub. (7).
DHS 163.25(2) (2)Cessation of training. The training manager shall notify the department when the training provider for an accredited training course closes or when the course will no longer be offered and shall provide the department an opportunity to take possession of any relevant training records. Notification shall be made a minimum of 10 working days before the cessation of training.
DHS 163.25(3) (3)Course schedule notification.
DHS 163.25(3)(a)(a) Requirement for notification. A training manager shall notify the department by entering class schedule information for the accredited course directly into the department's online lead database or by other method approved by the department.
DHS 163.25 Note Note: Contact the department for instructions for completing online course notifications at email dhsasbestoslead@wisconsin.gov; ph. 608-261-6876; fax 608-266-9711; or Asbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659.
DHS 163.25(3)(b) (b) Notification content. The notice shall include all of the following:
DHS 163.25(3)(b)1. 1. The name of the training provider.
DHS 163.25(3)(b)2. 2. The course discipline and whether it is an initial or refresher course.
DHS 163.25(3)(b)3. 3. The start and end dates, start and end times and location of the course.
DHS 163.25(3)(b)4. 4. The name of the designated principal instructor for the course.
DHS 163.25(3)(c) (c) Timing of notification.
DHS 163.25(3)(c)1.1. The notice shall be submitted to the department a minimum of 10 working days prior to the course starting date.
DHS 163.25(3)(c)2. 2. In an emergency, the training manager shall make a request by telephone for department approval to schedule a training course with less than 10 working days notice. The request shall be made a minimum of one working day prior to the requested start date and shall be followed by entry of the course notification directly into the department's online lead database or by other method approved by the department.
DHS 163.25(3)(d) (d) Revised notification. The training manager shall notify the department about course cancellations or course schedule, instructor or location changes by means of the department's online lead database when known 10 working days or more before the notified start date, and also by telephone when the change or cancellation occurs less than10 working days before the scheduled start date.
DHS 163.25 Note Note: To provide emergency course notification less than 10 working days before the start date or to revise or cancel a notification less than 2 working days in advance, phone 608-261-6876.
DHS 163.25(4) (4)Designation of guest instructors. When a guest instructor assists with a training course, the training manager shall designate the guest instructor under s. DHS 163.24 (4).
DHS 163.25(5) (5)Designation of principal instructors. The training manager shall designate a principal instructor for each accredited course offering. The principal instructor shall be approved under s. DHS 163.24 (3).
DHS 163.25(6) (6)Nondiscrimination in training. Access to an accredited training course may not be denied solely due to age, sex, race, color, creed, national origin, ancestry, sexual orientation or disability.
DHS 163.25(7) (7)Notification of changes. The training manager shall notify the department in writing a minimum of 10 working days before making the following changes:
DHS 163.25(7)(a) (a) Change of address. A change of address of the training provider or the location of records required under sub. (10).
DHS 163.25(7)(b) (b) Change of name. A change in the name of the training provider.
DHS 163.25(7)(c) (c) Change of ownership. The accreditation of a training course under this subchapter may be transferred to a new owner provided the course remains the same course accredited under this chapter and the transfer is requested by both the training provider transferring the course and the new owner of the course. Upon receipt of a request to transfer the accreditation of a course, the department will change the course's accreditation to contingent accreditation under s. DHS 163.22 with no change in expiration date or with an expiration date 2 years after the date ownership of the course changed, whichever is earlier.
DHS 163.25(7)(d) (d) Change in a course. A change in the training course description under s. DHS 163.21 (2), the training resources under s. DHS 163.21 (3), the course registration plan under s. DHS 163.21 (5) or course materials under s. DHS 163.21 (6), a minimum of 10 working days prior to the start of the course. In addition to the notification of a change in course materials under s. DHS 163.21 (6), the training manager shall submit a draft of the revised document. After reviewing the draft revision, the department may allow a trial period of 3 class sessions of a training course before requiring submittal of a final revision.
DHS 163.25(7)(e) (e) Change of training manager. When a training course does not have an approved training manager, the course may not be offered.
DHS 163.25 Note Note: To notify the Department of changes, contact the Asbestos and Lead Section, Room 137, 1 W. Wilson St., P.O. Box 2659, Madison, WI 53701-2659; e-mail dhsasbestoslead@wisconsin.gov; ph. 608-261-6876; or fax 608-266-9711.
DHS 163.25(8) (8)Permission to audit. The training manager shall permit department representatives to attend, evaluate and monitor any accredited training course and have access to records associated with any accredited training course at any reasonable time without charge or hindrance to the department for the purpose of an accreditation audit or any other evaluation of compliance with this chapter and any other applicable statute or regulation.
DHS 163.25(9) (9)Quality control. The training manager shall be responsible for developing and implementing a quality control plan with measures that include all of the following:
DHS 163.25(9)(a) (a) Compliance. Ensuring that the training course and course personnel comply with all provisions of this chapter.
DHS 163.25(9)(b) (b) Instructor review. Annually reviewing instructor competency and taking measures to improve competency when necessary.
DHS 163.25(9)(c) (c) Material review. Annually reviewing and revising training materials and course tests to reflect innovations and changes in the field.
DHS 163.25(9)(d) (d) Training and meetings. Attending training and meetings to which the training manager has been invited by the department as a means of improving the quality of training offered.
DHS 163.25(9)(e) (e) Validity of course test. Maintaining the validity and integrity of the course test under sub. s. DHS 163.20 (8) (h).
DHS 163.25(9)(f) (f) Validity of skills assessment. Maintaining the validity and integrity of the hands-on skills assessment under s. DHS 163.20 (8) (i) to ensure that it accurately evaluates the trainees' performance of skills taught during hands-on training.
DHS 163.25(10) (10)Records.
DHS 163.25(10)(a)(a) Requirement to retain records. The training manager shall ensure that the provider offering an accredited training course retains the records in par. (b) at its principal place of business in Wisconsin. If no office is maintained in Wisconsin, records shall be retained at the office location closest to Wisconsin. Records shall be retained for a minimum of 3 years 6 months and shall be given to the department upon request.
DHS 163.25(10)(b) (b) Records to be retained. The following records shall be retained:
DHS 163.25(10)(b)1. 1. A copy of each department-approved instructor and student manual, course test, course test blueprint, all printed materials used in the course, other training material and any document reflecting changes made to any material.
DHS 163.25(10)(b)2. 2. The scored course test for all students who passed or failed.
DHS 163.25(10)(b)3. 3. A copy of each student's training certificate.
DHS 163.25(10)(b)4. 4. Documentation of training manager, principal instructor and guest instructor qualifications, including copies of any principal instructor approvals under s. DHS 163.24 (3) and guest instructor designations under sub. (4).
DHS 163.25(10)(b)5. 5. Class rosters and student attendance records.
DHS 163.25(10)(b)6. 6. The quality control plan when required under s. DHS 163.25 (9), including documentation of activities performed in compliance with the quality control plan.
DHS 163.25(10)(b)7. 7. Information regarding how any hands-on assessment is conducted, including, but not limited to, all of the following:
DHS 163.25(10)(b)7.a. a. Who conducts the assessment.
DHS 163.25(10)(b)7.b. b. How the skills are graded.
DHS 163.25(10)(b)7.c. c. What facilities are used.
DHS 163.25(10)(b)7.d. d. The pass and fail rate.
DHS 163.25(10)(b)8. 8. Results of the students' hands-on skills assessments.
DHS 163.25(10)(b)9. 9. Any other material submitted to the department as part of the application for accreditation or later at the request of the department to provide a basis for granting accreditation.
DHS 163.25(11) (11)Submission of student data.
DHS 163.25(11)(a)(a) Within 2 working days after an accredited lead training course is completed, the training manager shall submit student data to the department in an electronic format provided by or approved by the department or in another format approved by the department.
DHS 163.25(11)(b) (b) The student data submitted shall include all of the following information for each student:
DHS 163.25(11)(b)1. 1. Name of the course and if it was an initial or refresher course.
DHS 163.25(11)(b)2. 2. The course dates.
DHS 163.25(11)(b)3. 3. For each training certificate issued, the date the training certificate was issued.
DHS 163.25(11)(b)4. 4. The student's full legal name and address. If a training certificate was issued, the name shall be the same as it is appears on the training certificate.
DHS 163.25(11)(b)5. 5. For each training certificate issued, the unique training certificate number as it appears on the training certificate.
DHS 163.25(11)(b)6. 6. The student's course test score.
DHS 163.25(11)(b)7. 7. A clearly identifiable picture of the student's face clearly labeled with the student's full legal name.
DHS 163.25(11)(b)9. 9. The student's date of birth as it appears on the student's official photo identification.
DHS 163.25 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (3) (a), (b) 2. to 4., (c) 2., (d), (5), (7) (intro.), (e), (10) (b) 1., (11) (b) 4., 6. and 9., r. (7) (f) and (11) (b) 8., eff. 10-16-09; CR 09-085: am. (3) (a), (b) 2. to 4., (c) 2., (d), (5), (7) (intro.), (e), (10) (b) 1., (11) (b) 4., 6. and 9., r. (7) (f) and (11) (b) 8. Register March 2010 No. 651, eff. 4-1-10.
subch. IV of ch. DHS 163 Subchapter IV — Enforcement
DHS 163.30 DHS 163.30 General provisions.
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