(a) A completed application form with attachments as prescribed by the Director, which shall, at a minimum, include the following:
1. A list of all names, acronyms or other identifiers under which the applicant intends to conduct training and the address(es) and telephone number(s) of the business.
2. A list of those training course(s) set forth in 453 CMR 6.10 which the applicant intends to offer.
3. Corporate Articles of Organization and a Certificate of Good Standing issued by the Massachusetts Secretary of State or a DBA (doing business as) certificate for the Asbestos Training Provider issued by the city or town where the business is located.
4. A certified and notarized statement by a Responsible Person of the applicant that the applicant has paid all tax obligations current and due to the Commonwealth as of the date of application.
5. Evidence that asbestos training services to be performed by the applicant are covered under a current workers' compensation policy or self-insurance program acceptable to the Commonwealth.
6. A list of all occupational safety and health-related citations or notices of violation, including notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders, and court judgements, received by the Responsible Persons of the applicant in the two years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice.
7. A sample agenda for each training course which the applicant intends to offer, which shows topics covered and the amount of time to be given to each topic.
8. A copy of the training manual and all printed material to be distributed in each course.
9. A description of the teaching methods to be employed, including audio-visual aids.
10. A description of the hands-on training to be provided (where required), including facilities, training methods, numbers of students to be accommodated, and ratio of students to instructors.
11. A description of the equipment that will be used in both classroom lectures and in hands-on training.
12. A list of the names and qualifications of the persons who will provide the training in each course, including their education, training, and experience.
13. An example of the written examination to be given in each course.
14. A list of the tuition or other fees required.
15. A copy of the certificate of completion to be given to participants.
16. A list of all states and federal agencies which have certified, accredited or given other forms of approval to the applicant to provide asbestos training, including the name, address, and telephone number of the person, department, or agency giving such approval, and copies of all such written approvals received.
17. A statement made under the penalties of perjury by a Responsible Person of the applicant that the applicant will comply with the applicable requirements of 453 CMR 6.00.
(b) Such other information as the Director may reasonably require.
(c) A money order or certified bank check payable to the Commonwealth of Massachusetts in the amount of the entire annual fee of $850.00, or any other amount established for such certificate pursuant to M.G.L. c. 7, § 3B. If the Director denies, revokes, suspends, or refuses to renew a certificate for reasons specified in 453 CMR 6.04, the fee payment is not refundable.
(2) Renewal of an Asbestos Training Provider Certificate. A certificate as an Asbestos Training Provider is valid for a period of one year. The Director may renew an Asbestos Training Provider certificate upon written application for renewal by the certificate holder. Renewal applications should be submitted to the Department of Labor and Workforce Development no later than 30 calendar days before the expiration of the current certificate. The submission of a renewal application later than 30 days before the expiration of the current certificate may result in renewal after the expiration of the current certificate. Said application for renewal shall include submission of the items referenced at 453 CMR 6.09(1)(a) through (c). The Director may waive the requirement for resubmission of information specified at 453 CMR 6.09(1)(a) where there has been no substantive change in the information submitted with a previous application, and the applicant attests to such.
(3) Requirements for Certified Training Providers. Certified Asbestos Training Providers shall perform the following as a condition of certified status:
(a) Notify the Director, in writing, at least ten days prior to the commencement of any asbestos training course for which certification is required by 453 CMR 6.00, with the course title, location, and anticipated start and end dates of said course.
(b) Notify the Director, in writing, of any changes in the course content, training methods, facilities, etc., which would alter the course of instruction from that originally submitted for certification. (Minor changes in agenda, such as guest speakers, if otherwise qualified, and course schedule, are excepted.)
(c) Issue serially-numbered certificates to all students who successfully complete asbestos training courses. The numbered certificates shall include the name of the student and the course completed, the dates of the course, the examination, and a statement that the student passed any examination required. The certificate shall include an expiration date that is one year from the date on which the student successfully completed the course.
(d) Maintain the training records required by 453 CMR 6.11(2).
(e) Utilize and distribute information or training materials furnished by the Department.
(f) Provide written course materials, oral instruction and written examinations only in language in which each student is fluent.
(g) Provide to the Director within 30 calendar days after the conclusion of each initial and refresher training course, the title of the course, the date(s) on which the course was provided, and the name, address, and Social Security number of each student who successfully completed the course.
(h) Subsequent to reasonable notice, permit up to two representatives of the Director to attend each course and to take the written examination without cost to the Department.
(i) Allow auditing inspections of approved training courses by the Director or his or her representative. Applicants from outside the Commonwealth shall, at the Department's option, bear the costs to the Department for one course audit per year for each course for which approval is granted pursuant to 453 CMR 6.09. Said costs shall include two-way travel, food, and lodging expenses for one individual for the entire length of each course.
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