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Administrative Rules
Rule 74:31:06 APPROVAL OF TRAINING PROGRAMS

CHAPTER 74:31:06

APPROVAL OF TRAINING PROGRAMS

Section

74:31:06:01        Application procedures for training course approval.

74:31:06:01.01   Department approval of training courses.

74:31:06:02        Application procedures for refresher training course approval.

74:31:06:02.01   Department approval of refresher training courses.

74:31:06:03        Suspension or revocation of course approval.

74:31:06:04        Renewal of course approval.

74:31:06:05        Recordkeeping requirements for training providers.

74:31:06:06        Notification of training course requirement.




Rule 74:31:06:01 Application procedures for training course approval.

          74:31:06:01.  Application procedures for training course approval. To apply for asbestos training course approval in any of the disciplines, the following information must be submitted to the department:

 

          (1)  The course sponsor's name, address, and telephone number;

          (2)  A list of any states that currently approve the training course;

          (3)  The course curriculum;

          (4)  A letter from the training course sponsor that clearly indicates how the course meets the following South Dakota requirements:

 

               (a)  Length of training in days;

               (b)  Amount and type of hands-on training;

               (c)  Examination, including length, format, and passing score;

               (d)  Topics covered in the course;

 

          (5)  A copy of all course materials, such as student manuals, instructor notebooks, and handouts;

          (6)  A detailed statement about development of the examination used in the course;

          (7)  Names and qualifications of course instructors. Instructors must have academic credentials or field experience in asbestos abatement;

          (8)  Description and an example of numbered diplomas issued to students who attend the course and pass the examination;

          (9)  A schedule of planned training courses to be conducted in South Dakota.

 

          Source: 14 SDR 164, effective June 5, 1988; 35 SDR 88, effective October 27, 2008.

          General Authority: SDCL 34-44-19, 34-44-24.

          Law Implemented:  SDCL 34-44-19, 34-44-22, 34-44-24.

 




Rule 74:31:06:01.01 Department approval of training courses.

          74:31:06:01.01.  Department approval of training courses. Department approval of training courses must be in writing and sent to the course sponsor identified in § 74:31:06:01(1). In order to continue to conduct training courses, renewal of department approval is required each year as described in § 74:31:06:04.

 

          Source: 35 SDR 88, effective October 27, 2008.

          General Authority: SDCL 34-44-19.

          Law Implemented: SDCL 34-44-19.

 




Rule 74:31:06:02 Application procedures for refresher training course approval.

          74:31:06:02.  Application procedures for refresher training course approval. To apply for approval of refresher training courses in any of the disciplines, the following information must be submitted to the department:

 

          (1)  Length of training;

          (2)  Topics covered in the course;

          (3)  A copy of all course materials;

          (4)  Names and qualifications of course instructors. Instructors must have academic credentials or field experience in asbestos abatement;

          (5)  Description and an example of diplomas issued to students who complete the refresher course;

          (6)  Amount and type of hands-on training;

          (7)  A schedule of planned training courses to be conducted in South Dakota;

          (8)  Identify any changes in information provided to the department the previous year.

 

          Source: 14 SDR 164, effective June 5, 1988; 35 SDR 88, effective October 27, 2008.

          General Authority: SDCL 34-44-19, 34-44-24.

          Law Implemented: SDCL 34-44-19, 34-44-22, 34-44-24.

 




Rule 74:31:06:02.01 Department approval of referesher training courses.

          74:31:06:02.01.  Department approval of refresher training courses. Department approval of refresher training courses must be in writing and sent to the course sponsor identified in § 74:31:06:01(1). In order to continue to conduct refresher training courses, renewal of department approval is required each year as described in § 74:31:06:04.

 

          Source: 35 SDR 88, effective October 27, 2008.

          General Authority: SDCL 34-44-19.

          Law Implemented: SDCL 34-44-19.

 




Rule 74:31:06:03 Suspension or revocation of course approval.

          74:31:06:03.  Suspension or revocation of course approval. The department may suspend or revoke approval of a training course or refresher training course if a filed site inspection indicates the course is not providing training that meets the requirements of this article or the EPA suspends or revokes its approval of the course.

 

          Source: 14 SDR 164, effective June 5, 1988.

          General Authority: SDCL 34-44-24.

          Law Implemented: SDCL 34-44-24, 34-44-25.

 




Rule 74:31:06:04 Renewal of course approval.

          74:31:06:04.  Renewal of course approval. Training course and refresher training course approval must be renewed each year and will be granted only if the applicant meets the requirements of this article and has conducted at least one training course or refresher training course in South Dakota the previous calendar year. Training course sponsors applying for first time department approval of training courses will be conditionally approved until courses are audited and final departmental approval is obtained. The department shall notify approved training course sponsors, thirty days in advance, when course curriculum changes are required. Department approval may be revoked or suspended for reasons identified in § 74:31:06:03 at anytime, in accordance with SDCL chapter 1-26.

 

          Source: 14 SDR 164, effective June 5, 1988; 35 SDR 88, effective October 27, 2008.

          General Authority: SDCL 34-44-19, 34-44-24.

          Law Implemented: SDCL 34-44-19, 34-44-24.

 




Rule 74:31:06:05 Recordkeeping requirements for training providers.

          74:31:06:05.  Recordkeeping requirements for training providers. Approved training providers of accredited asbestos training courses must meet the following recordkeeping requirements:

 

          (1)  Retain copies of all instructional materials used in classroom training;

 

          (2)  Retain copies of all instructors' qualifications and EPA or state instructor approval documents;

 

          (3)  Retain copies of course instructor changes and identify instructors who taught each particular course for each date that a course is offered;

 

          (4)  For each initial or refresher diploma issued, keep a record of the student name, diploma number, expiration date, training course name and dates, examination date, examination score, copy of the examination, name of the person who proctored the examination and the training location. The required records must be maintained in a manner that allows verification of the required information by telephone; and

 

          (5)  Maintain all required records for a minimum of three years and provide reasonable access to all required records to the state or EPA on request. If the training provider ceases to conduct training, the training provider shall notify the department.

 

          Source: 21 SDR 101, effective December 4, 1994.

          General Authority: SDCL 34-44-3, 34-44-19.

          Law Implemented: SDCL 34-44-19, 34-44-20, 34-44-23.

 




Rule 74:31:06:06 Notification of training course requirements.

          74:31:06:06.  Notification of training course requirement. Training course sponsors shall provide the department written notification at least ten days before all training courses conducted in this state. Written notification must include instructor contact information and location, date, and time of the training. The department shall be notified of course cancellations as soon as the instructor is aware of the need to cancel the course. Cancelled courses do not meet the requirement for conducting training in this state to obtain department approval as required by § 74:31:06:04. The department shall be provided access to training courses at no cost for the purpose of auditing.

 

          Source: 35 SDR 88, effective October 27, 2008.

          General Authority: SDCL 34-44-19, 34-44-24.

          Law Implemented: SDCL 34-44-19, 34-44-23, 34-44-24.

 

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