Asbestos Abatement >> Cost Of Removing Vinyl Asbestos Floor Tile

Certification of individuals required; exemptions; qualifications; application; fee; renewal. (a) Except as otherwise provided in this act, no individual person shall engage in an asbestos project unless the person holds a Cost Of Removing Vinyl Asbestos Floor Tile certificate issued by the secretary for that purpose. 

The provisions of this act do not apply to an individual person who is an employee of a business entity which is exempted from the provisions of this act by subsection (b) of K.S.A. 65-5302, and amendments thereto. (c) In order to qualify for a Cost Of Removing Vinyl Asbestos Floor Tile certificate, an individual person must have successfully completed a basic course.

Approved by the secretary, on the health and safety aspects of the removal and encapsulation of asbestos including the federal and state standards applicable to asbestos projects. In order to qualify for renewal of a Cost Of Removing Vinyl Asbestos Floor Tile certificate, an individual person must have successfully completed a review course approved and within the period prescribed by the secretary. 

Applications for certificates and renewals shall be submitted to the secretary on forms prescribed by the secretary and shall be accompanied by a fee prescribed by the secretary. (f) A Cost Of Removing Vinyl Asbestos Floor Tile certificate shall expire one year from its effective date unless the secretary establishes an alternative date by rules and regulations.

Schedule of fees; disposition of monies. (a) The secretary shall establish by rules and regulations a reasonable schedule of fees for licensure, for Cost Of Removing Vinyl Asbestos Floor Tile certification and for project evaluations under this act. The fee schedule shall be established on the basis of determination by the secretary of the amount of revenue required for administration of the provisions of this act. 

The secretary shall remit all monies received from the fees established pursuant to this section to the state treasurer at least monthly. Upon receipt of such Cost Of Removing Vinyl Asbestos Floor Tile remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the state general fund. 

Denial, suspension or revocation of license or certificate; notice and hearing; appeals; temporary suspension. (a) The secretary may deny, suspend or revoke any license issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for Cost Of Removing Vinyl Asbestos Floor Tile license or licensee.

Fraudulently or deceptively obtained or attempted to obtain a license; (2) failed at any time to meet the qualifications for a license or to comply with any provision or Cost Of Removing Vinyl Asbestos Floor Tile requirement of this act or any rules and regulations adopted by the secretary under this act.

Failed at any time to meet any applicable federal or state standard for removal or encapsulation of asbestos; or (4) employed or permitted an uncertified individual person to work on an asbestos project. (b) The secretary may deny, suspend or revoke any Cost Of Removing Vinyl Asbestos Floor Tile certificate issued under this act if the secretary finds.

After notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for Cost Of Removing Vinyl Asbestos Floor Tile certificate or certificate holder, whichever is applicable, has: Fraudulently or deceptively obtained or attempted to obtain a certificate; or (2) failed at any time to meet the qualifications for a certificate.

To comply with any provision or requirement of this act or any rules and regulations adopted by the secretary under this act. (c) Before any license or certificate is denied, suspended or revoked, the secretary shall conduct a hearing thereon in accordance with the provisions of the Kansas administrative Cost Of Removing Vinyl Asbestos Floor Tile procedure act. 

Any individual person or business entity aggrieved by a decision or order of the secretary may appeal the order or decision in accordance with the Cost Of Removing Vinyl Asbestos Floor Tile provisions of the act for judicial review and civil enforcement of agency actions. 

If the secretary finds that the public health or safety is endangered by the continuation of an asbestos project, the secretary may temporarily suspend, without notice or hearing in accordance with the emergency adjudication  Cost Of Removing Vinyl Asbestos Floor Tile procedures of the provisions of the Kansas administrative procedure act, the license of the business entity.

The certificate of any person engaging in such asbestos project. (2) In no case shall a temporary suspension of a license or certificate under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the Cost Of Removing Vinyl Asbestos Floor Tile license or certificate shall be reinstated unless the secretary has suspended or revoked the license or certificate.

After notice and hearing, or the license has expired as otherwise provided under this act. Waiver of Cost Of Removing Vinyl Asbestos Floor Tile license requirement, when; alternative requirements. (a) In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the secretary may waive the requirement for a license. 

The secretary may approve, on a case-by-case basis, an alternative to a required public health protection procedure for an asbestos project if the business entity or state or political or taxing subdivision of the state submits a written description of the alternative Cost Of Removing Vinyl Asbestos Floor Tile procedure to the secretary.

And demonstrates to the satisfaction of the secretary that the proposed alternative procedure provides equivalent protection. If a business entity or state or political or taxing subdivision of the state is not primarily engaged in the removal or encapsulation of asbestos, the secretary may waive the Cost Of Removing Vinyl Asbestos Floor Tile requirement for a license.

Employee certification if public health protection requirements are 7 met or an alternative Cost Of Removing Vinyl Asbestos Floor Tile procedure is approved under subsection (b). History: L. 1985, ch. 203, ' 11; Jan. 1, 1986. 65-5312. State agencies and political subdivisions; bid acceptance requirements; compliance with act. 
  
No state agency or political or taxing subdivision of the state shall carry out any asbestos project using its own employees except in compliance with the Cost Of Removing Vinyl Asbestos Floor Tile requirements of K.S.A. 65-5304 that also apply to business entities. History: L. 1985, ch. 203, ' 12; Jan. 1, 1986. 65-5313. 

No state agency or political or taxing subdivision of the state shall accept a bid in connection with any asbestos project from a business entity which does not hold a Cost Of Removing Vinyl Asbestos Floor Tile license at the time the bid is submitted.Violations; criminal penalties. 

Any individual person or business entity who willfully violates any provision of this act or any rules and Cost Of Removing Vinyl Asbestos Floor Tile regulations adopted under this act is guilty: (1) For a first offense, of a class C misdemeanor; and (2) for a second offense, of a class B misdemeanor. 

History: L. 1985, ch. 203, ' 13; Jan. 1, 1986. 65-5314. Same; civil penalties; appeal and review; disposition of monies recovered. (a) Any Cost Of Removing Vinyl Asbestos Floor Tile business entity which violates any provision of this act or any rules and regulations adopted under this act.

In addition to any other penalty provided by law, may incur a civil penalty imposed under Cost Of Removing Vinyl Asbestos Floor Tile subsection (b) in an amount not to exceed $5,000 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.

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