TITLE 32: ENERGY CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY SUBCHAPTER b: RADIATION PROTECTION PART 420 REGISTRATION OF RADON DETECTION AND MITIGATION SERVICES Section 420.10 Policy and Scope 420.20 Definitions 420.30 Exemptions 420.40 Application for Registration 420.50 Issuance of Registration Certificates 420.60 Fees 420.70 Suspension and Revocation of Registration 420.80 Civil Penalties AUTHORITY: Implementing and authorized by "AN ACT in relation to radon testing" (Ill. Rev. Stat. 1989, ch. 111«, par. 242-1 et seq.). SOURCE: Adopted at 14 Ill. Reg. 19308, effective November 26, 1990. Section 420.10 Policy and Scope a) This Part establishes standards and procedures for registration of persons who perform any service to detect the presence of radon or radon progeny. Nothing in the Act or this Part shall be construed to limit or affect in any respect the practice of persons properly licensed under other statutes or regulations with respect to their professions. b) This Part shall apply to any person who sells devices or who performs services for compensation to detect the presence of radon or radon progeny in the State, unless specifically exempt under "AN ACT in relation to radon testing" (Ill. Rev. Stat. 1989, ch. 111«, par. 242-1 et seq.) or under Section 420.30. c) This Part shall apply to persons who supervise students or apprentices for purposes of instructing them how to perform radon detection services. Section 420.20 Definitions As used in this Part, the following definitions apply: "Act" means "AN ACT in relation to radon testing" (Ill. Rev. Stat. 1989, ch. 111«, par. 242-1 et seq.). "Certificate of Registration" means the certificate issued by the Department as evidence that a person satisfies the requirements for registration. "Department" means the Illinois Department of Nuclear Safety. "Individual" means a natural person, i.e., a person that is not a governmental body, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, trust, estate or other legal entity. "Person" means any natural person or individual, governmental body, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, trust, estate or other legal entity. "Radon" means any of the gaseous radioactive decay products of uranium or thorium. "Radon progeny" means any combination of the radioactive decay products of radon. "Registration" means the registration granted by the Department which authorizes a person to perform services to detect the presence of radon. Section 420.30 Exemptions a) The Department shall, upon application therefor or upon its own initiative, grant such exemptions or exceptions from the requirements of this Part as it determines are authorized by law and will not result in a hazard to public health and safety, e.g., an industrial hygienist who performs radon tests at his employer's facilities in the course of his employment, state and local public health officials who perform radon screening services without charge to the recipient of the service. b) The following persons are exempt from the registration requirements of this Part: 1) Persons who sell or distribute, but who do not place, radon sampling devices supplied by a laboratory, but only if the results of the laboratory analysis are reported directly to the owner or occupant of the building sampled; and 2) Persons who manufacture or analyze, but who do not place, radon sampling devices, but only if the results of the laboratory analysis are reported directly to the owner or occupant of the building being sampled. Section 420.40 Application for Registration Any person applying for initial registration, or renewal of registration must submit a complete and legible application form, must pay the fee prescribed in Section 420.60, and must provide documentation that he or she has met the requirements for initial registration or renewal of registration. Such documentation shall include diplomas, transcripts, certificates of completion and work history, as appropriate. Section 420.50 Issuance of Registration Certificates a) Registration 1) Except as provided in subsection (b), the Department shall register and shall issue a Certificate of Registration to: A) Any individual who has at least 4 years of radiological safety, health physics, environmental sampling, or industrial hygiene experience. B) Any individual who has an Associate of Arts degree in a physical or biological science and 2 years of radiological safety, health physics, environmental sampling, or industrial hygiene experience. C) Any individual who has a Baccalaureate degree in a physical or biological science or engineering. D) Any individual who has successfully completed a course that covers the following topics: i) Radon Health Effects and Health Risks; ii) Radon Sources; iii) Radon Entry Points and Transport Pathways; iv) Screening Measurement Techniques and Devices; v) Followup Measurement Techniques and Devices; vi) Diagnostic Measurement Techniques and Devices; vii) Quality Assurance; viii) Worker Health and Safety; and ix) Documentation. AGENCY NOTE: Each of the following courses covers the topics identified above: 1) United States EPA Radon Contractor Proficiency Program, as described in the "EPA Radon Contractor Proficiency Program," issued September 7, 1990. 2) United States EPA National Radon Measurement Proficiency Program, as described in "The National Radon Measurement Proficiency (RMP) Program, Application and Participation Manual," EPA document #52011-88-056 (December 1988). 3) The Illinois Department of Nuclear Safety Measurement Course. Copies of the two U.S. EPA documents are available from the Department. E) Any person other than an individual, (e.g., a partnership, firm or company) who employs at least one individual, registered in accordance with subsections (a)(1)(A), (B), (C) and (D) above, provided that the registered individual will direct and be responsible for all radon testing activities undertaken by the person and provided further that the registered individual will personally review and approve all test results before they are disclosed to the client. 2) The registration issued pursuant to subsection (a)(1)(A), (B), (C) and (D) shall be valid for a period of 2 years. Registration issued pursuant to subsection (a)(1)(E) shall be valid for one year. b) The Department shall deny registration to any person if the Department has evidence that the applicant has engaged in any of the acts listed in Section 420.70(a) unless the condition listed in Section 420.70(a) no longer exists and the applicant submits documentation that he satisfies the requirements of subsection (a) above. c) Registration issued pursuant to subsections (a)(1)(A), (B), (C) and (D) shall be renewable for 2 year periods. Registration issued pursuant to subsection (a)(1)(E) shall be renewable for 1 year periods. Section 420.60 Fees a) The fees for registration in all categories shall be non- refundable and shall be as follows: 1) Initial Registration - Individual $ 100.00 2) Initial Registration - Person Other Than Individual $ 25.00 3) Renewal of Registration - Individual $ 100.00 4) Renewal of Registration - Person Other Than Individual $ 25.00 b) The appropriate fees are to accompany the application when filed with the Department. Section 420.70 Suspension and Revocation of Registration a) The Department shall act to suspend or revoke a person's registration for any one or a combination of the following causes: 1) Knowingly causing a material misstatement or misrepresentation to be made in the application for registration, if such misstatement or misrepresentation would impair the Department's ability to assess and evaluate the applicant's qualifications for registration under this Part, such as a misstatement or misrepresentation regarding training or experience; 2) Willfully evading the statute or regulations pertaining to registration, or willfully aiding another person in evading such statute or regulations pertaining to registration; 3) Having been convicted in any state of a crime which is a felony under the laws of this State or having been convicted of a felony in a federal court, unless such individual demonstrates to the Department that he/she has been sufficiently rehabilitated, by restoration of all civil rights, to warrant the public trust; and 4) Misrepresenting the capabilities of a device for detecting and measuring radon or radon progeny or misrepresenting the results of a test to detect or measure radon or radon progeny. b) If, based upon any of the above grounds, action to suspend or revoke registration is initiated, the Department shall notify the person and shall provide an opportunity for a hearing in accordance with 32 Ill. Adm. Code 200.60. An opportunity for a hearing shall be provided before the Department takes action to suspend or revoke a person's registration. c) The usual action shall be a suspension of registration for up to one year. The term of suspension shall be reduced by the Director, upon the recommendation of the hearing officer, if the hearing officer finds, based upon evidence presented to him/her at a hearing, and the Director concurs, that the conditions leading to the Preliminary Order for Suspension can be cured in less than one year. However, if the Department finds that the causes are of a serious or continuous nature, such as past actions which posed an immediate threat to public health or safety or deficiencies that cannot be cured within one year, the Department shall revoke the person's registration. d) When a person's registration is suspended or revoked, the person shall surrender the certificate of registration to the Department. e) A person whose registration has been revoked may seek reinstatement of registration by filing with the Department a petition for reinstatement that complies with the requirements of 32 Ill. Adm. Code 200.40. Such petition may be filed one year or more after the beginning of the revocation period. The person shall be afforded a hearing in accordance with 32 Ill. Adm. Code 200 and shall bear the burden of proof of establishing that the registration should be reinstated due to rehabilitation. Section 420.80 Civil Penalties a) The Department shall assess civil penalties, in accordance with subsection (c), against any unregistered person who sells a device or performs a service, for compensation, for determining the presence of radon or radon progeny, unless such person is exempt from the registration requirements as specified in Section 420.30. b) Prior to assessing civil penalties, the Department shall confirm the violation of the registration requirements by: 1) Observation of the violation by a Departmental employee; 2) Obtaining records, documents, or other physical evidence; or 3) Obtaining signed, written statements from persons that allege a violation has occurred. c) Civil Penalties as provided in subsection (a) shall be assessed as follows: 1) First violation by an unregistered person - $500.00 2) Subsequent violation by an unregistered person - $1,000.00 3) Failure of a registered individual to direct and supervise radon testing activities of the unregistered employee of a registered business or to review and approve test results prepared by an unregistered employee prior to sending them to the client - $1,000.00. 4) Failure of a registered person (business) to supervise its unregistered employees - $1,000.00. d) The Department shall impose civil penalties by issuing a Preliminary Order and Notice of Opportunity for Hearing as provided in 32 Ill. Adm. Code 200.60. Each day a violation occurs shall constitute a separate offense.