Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 70 - Lead Abatement and Assessment Licensing, Training Accreditation › Section 19 CSR 30-70.650 - Administrative Penalties

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  issuance and methods for calculation of administrative penalties by the
				  department.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material, which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in the rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Applicability. This rule applies to any
				licensed lead professional who violates the provisions of
				19 CSR
				30-70.630, Lead Abatement Work Practice
				Standards.
(2) Definitions.
(A) Adjustments: Those factors related to a
				violator or violation, which are not reflected in the gravity-based assessment
				but which distinguish legitimate differences between separate violations of the
				same provision.
(B) Compliance: A
				regulated entity or individual's meeting or conformity with applicable
				regulations, notifications, licensure requirements, and laws.
(C) Department: Shall refer to the Missouri
				Department of Health and Senior Services.
(D) Enforcement: A formal action taken
				against the regulated entity or individual for violating applicable
				regulations, notifications, licensure requirements, and laws. Such actions
				include, but are not limited to, Notice of Violation (NOV), warning letters,
				administrative penalties, cease and desist order, and/or licensure restriction,
				revocation, suspension, and/or denial.
(E) Gravity-based assessment: The degree of
				seriousness of a violation taking into consideration the risk to public health
				and/or the environment posed by the violation and considering the extent of
				deviation from sections 701.300-701.338, RSMo.
(F) Identified offense: A violation meeting
				the requirements specified in subsection (3)(B) of this rule in which
				administrative penalties may be assessed by the department.
(G) Lead abatement project: The replacement,
				encapsulation, enclosure, or removal of a lead-bearing substance on a
				particular component within a particular location, which will remove or
				remediate the lead hazard(s) for at least twenty (20) years.
(H) Multiple violation penalty: The sum of
				individual administrative penalties assessed when two (2) or more violations
				are included in the same complaint or enforcement action.
(I) Multi-day penalty: The sum of each day's
				administrative penalties assessed when the same violation has occurred on or
				continued for two (2) or more consecutive or non-consecutive days.
(J) Multi-day violation: A violation which
				has occurred on or continued for two (2) or more consecutive or nonconsecutive
				days.
(K) Noncompliance: Deviation
				from or failure to meet applicable regulations, notifications, licensure
				requirements, and laws. Noncompliance can range from a single incident to
				chronic conduct. Noncompliance may result in a negative impact to public health
				and/or the environment.
(L) Notice
				of violation (NOV): The formal written documentation that reflects the
				deviation from or failure of the lead abatement contractor, supervisor, or
				worker to meet applicable regulations, notifications, licensure requirements,
				and laws. A notice of violation shall include the corrective action(s) to be
				performed to achieve compliance.
(M) Notification: A required package of
				information submitted to the department by the lead supervisor at least ten
				(10) days prior to the onset of a lead abatement project. The notification
				shall include a completed Lead Abatement Project Notification form, as required
				by the department; full payment of the notification fee prior to starting the
				lead abatement project; and disclosure of any potential lead hazards to the
				owners and tenants of a dwelling by the Missouri licensed risk assessor who
				conducted the initial risk assessment (occupant protection plan). The Lead
				Abatement Project Notification form, MO 580-2365 (1-05), is incorporated by
				reference in this rule and is available on the web at
www.dhss.mo.gov
or by contacting
				the department at PO Box 570, Jefferson City, MO 65102-0570, (573) 751-6111.
				This rule does not incorporate any subsequent amendments or
				additions.
(N) Violation: The
				deviation from or failure of the licensed lead professional to meet applicable
				regulations, notifications, licensure requirements, and laws which require
				corrective action(s).