Creates provisions relating to the licensing of radon industry professionals and businesses

SECOND REGULAR SESSION
HOUSE BILL NO. 2995
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CA TO N.
6158H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 324, RSMo, by adding thereto fourteen new sections relating to the
licensing of radon industry professionals and businesses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 324, RSMo, is amended by adding thereto fourteen new sections,
2 to be known as sections 324.2000, 324.2005, 324.2010, 324.2015, 324.2020, 324.2025,
3 324.2030, 324.2035, 324.2040, 324.2045, 324.2050, 324.2055, 324.2060, and 324.2065, to
4 read as follows:
324.2000. As used in sections 324.2000 to 324.2065, unless the context req uires
2 otherwise, the following terms mean:
3 (1) "Alter", to change or modify a building or building design, or to revise,
4 rather than repa ir , a mitigation system or mitigation system design;
5 (2) "Board of radon safety" or "board", the gr oup of radon pro fessionals
6 r epresent ing radon business entities as well as nonradon profes sionals acting on behalf
7 of the board to establish and implement standards, policies, pr otocols, and proced ures
8 in accordance with sections 324.2000 to 324.2065;
9 (3) "Building", any structur e used or intended to be used for supporting or
10 sheltering any use or occupancy;
11 (4) "Certified", meeting the certification req uirements of an EP A-r ecognized
12 radon pro ficiency progra m for radon measur ement or radon mitigation;
13 (5) "Compensation", something of value given or r eceived in exchange for radon
14 measur ement, mitigation, inspection, or laboratory analysis;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 (6) "Dir ect supervision", on-site supervision by a certified person who accepts
16 r esponsibility for ensuring compliance by his or her employees, subcontractors, or other
17 designated agents with all applicable requ irem ents under sections 324.2000 to 324.2065;
18 (7) "Division", the division of pr ofessional reg istration;
19 (8) "EP A", the United States Envir onmental Pr otection Agency;
20 (9) "Laboratory analysis", the act of analyzing radon or radon prog eny
21 concentrations with passive measur ement devices, the act of calibrating radon or radon
22 pr ogeny measur ement devices, or the act of exposing radon or radon prog eny
23 measur ement devices to controlle d concentrations of radon or radon prog eny;
24 (10) "Licensee", a person or business entity licensed by the board as a
25 measur ement pro fessional, mitigation pro fessional, radon mitigation inspector , or radon
26 laboratory;
27 (1 1) "Measur ement", the act of testing the air , water , or soil using an active or
28 passive measur ement device for the presence of radon or radon pro geny in the indoor
29 envir onment of a building;
30 (12) "Measur ement device", any active or passive device appr oved by a radon
31 pr oficiency pr ogram and used for the measur ement of radon or radon proge ny in air or
32 water in the indoor envir onment of a building;
33 (13) "Measur ement pr ofessional", a person certified by a radon pro ficiency
34 pr ogram who pr ovides radon measur ement for compensation and who meets the
35 r equir ements of section 324.2010;
36 (14) "Mitigation", the act of installing, r epairing, or altering an active or passive
37 system for the purpose, in whole or in part, of redu cing the concentration of radon or
38 radon pro geny in the indoor envir onment of a building;
39 (15) "Mitigation pr ofessional", a person certified by a radon pro ficiency
40 pr ogram who provides radon mitigation for compensation and who meets the
41 r equir ements of section 324.2015;
42 (16) "Mitigation system", any active or passive system designed to redu ce radon
43 concentrations in the indoor envir onment of a building;
44 (17) "Person", an individual, corporation, association, or other legal entity;
45 (18) "Pres cribed", pro mulgated by administrative regu lation by the board;
46 (19) "Pr oficiency progra m", a national radon creden tialing body that is
47 curr ently recog nized by the United States Environ mental Pr otection Agency;
48 (20) "Radon", a naturally occurring radioactive element that is pr oduced by the
49 br eakdown of uranium and exists as a colorless, odorless, and tasteless inert gas;
50 (21) "Radon laboratory", a business entity appro ved by a laboratory
5 1 accr editation pr ogram r ecognized by the National Environm ental Laboratory
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52 Accr editation Pr ogram that provi des laboratory analysis for compensation and meets
53 the requ irem ents of section 324.2025;
54 (22) "Radon mitigation inspector", a person certified by a radon proficie ncy
55 pr ogram who pro vides inspection of radon systems for compensation and who meets the
56 r equir ements of section 324.2020;
57 (23) "Radon prog eny", any combination of the radioactive decay pr oducts of
58 radon;
59 (24) "Resear ch", board-appr oved scientific investigation that includes radon
60 measur ement, mitigation, inspection, or laboratory analysis;
61 (25) "Standard", a curr ent written document developed and continuously
62 maintained by a standards development organization accred ited by the American
63 National Standards Institute that describes in detail commonly accepted methods for
64 the performance of certain tasks.
324.2005. 1. No person or business entity shall conduct radon measur ement,
2 mitigation, inspection, or laboratory analysis in this state after December 31, 2026, for
3 compensation without the appr opriate private certification and state licensing r equir ed
4 under sections 324.2000 to 324.2065. The certification and licensing req uiremen ts of
5 sections 324.2000 to 324.2065 shall not apply to any person or business entity before
6 January 1, 2027.
7 2. No person or business entity shall advertise or claim to be a radon
8 measur ement pro fessional, radon mitigation pr ofessional, radon mitigation inspector , or
9 radon laboratory unless certified and licensed under sections 324.2000 to 324.2065.
10 3. A radon business entity may engage in radon measur ement, mitigation,
11 inspection, or laboratory analysis if the owner or an employee associated with the radon
12 business entity is a measur ement or mitigation pr ofessional, radon mitigation inspector ,
13 or radon laboratory , as applicable, and performs or supervises the radon measur ement,
14 mitigation, inspection, or laboratory analysis work as applicable. Any business entity
15 that employs these persons shall have a radon business entity license.
16 4. A measur ement or mitigation pro fessional dir ectly in charge of measur ement
17 or mitigation activities within a radon business entity shall notify the board in writing
18 immediately upon conclusion of the relat ionship with the radon business entity .
19 5. A person who owns or rent s a single-family home and occupies it may test the
20 home. A person who owns and occupies a single-family home may install a radon
21 mitigation system if such installation is in accordance with the applicable standard and
22 the person certifies to the board that mitigation installation by a nonlicensed person will
23 be disclosed upon the sale of the home.
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24 6. Any homeowner or ren ter who receives a radon test kit fr om the state of
25 Missouri or any nonpr ofit health-r elated organization or who pur chases a radon test kit
26 fr om any business in this state or online by mail order shall be exempt fr om the
27 r equir ements of sections 324.2000 to 324.2065 as long as the test kit is used in the
28 homeowner's or r enter's personal home only .
29 7. The board may authorize by r egulation subcategories of measur ement,
30 mitigation, and inspection licensur e to align with cred entials that may be established by
31 a pr oficiency prog ram and specify relat ed requi rem ents and limitations.
32 8. The board may establish recipr ocity arrangements with bordering states.
324.2010. 1. The board shall issue a measur ement pr ofessional license, effective
2 for a period of two years, to any person certified for measur ement who:
3 (1) Completes an application and pays a fee pr escribed by the board by rule;
4 (2) Pr esents curren t pr oof of certification by a radon pr oficiency prog ram; and
5 (3) Furnishes evidence of a general liability insurance policy that satisfies the
6 r equir ements of section 324.2035.
7 2. The board shall renew the measur ement pr ofessional license, effective for a
8 period of two years, of any person who:
9 (1) Completes a licensur e ren ewal pr ocess and pays a fee pr escribed by the
10 board by rule;
11 (2) Pr esents curren t pr oof of certification by a radon pr oficiency prog ram; and
12 (3) Furnishes evidence of a general liability insurance policy that satisfies the
13 r equir ements of section 324.2035.
14 3. A measur ement pr ofessional shall:
15 (1) Maintain certification by a radon pr oficiency pr ogram;
16 (2) Ensure measur ements ar e conducted in accordance with the applicable
17 standard and administrative reg ulations;
18 (3) Maintain a quality assurance plan in accordance with the standard for
19 measur ement systems quality assurance;
20 (4) Ensure measur ements are conducted by or under the dir ect supervision of a
21 measur ement profes sional;
22 (5) Use or sell only measur ement devices appr oved by the radon pro ficiency
23 pr ogram that certifies the person;
24 (6) Report all measur ements as pr escribed by the board; and
25 (7) Ensure all laboratory analysis is conducted by a radon laboratory .
324.2015. 1. The board shall issue a mitigation profes sional license, effective for
2 a period of two years, to any person certified for mitigation who:
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3 (1) Completes an application pr ocess and pays a fee pr escribed by the board by
4 rule;
5 (2) Pr esents pr oof of certification by a radon pr oficiency pr ogram; and
6 (3) Furnishes evidence of a general liability insurance policy that satisfies the
7 r equir ements of section 324.2035.
8 2. The board shall re new the mitigation profes sional license, effective for a
9 period of two years, of any person who:
10 (1) Completes a license r enewal pr ocess and pays a fee pr escribed by the board
11 by rule;
12 (2) Pr esents curren t pr oof of certification by a radon pr oficiency prog ram; and
13 (3) Furnishes evidence of a general liability insurance policy that satisfies the
14 r equir ements of section 324.2035.
15 3. A mitigation profes sional shall:
16 (1) Maintain certification by a radon pr oficiency pr ogram;
17 (2) Ensure mitigations ar e conducted in accordance with the applicable
18 mitigation standard and administrative regul ations;
19 (3) Maintain a quality management plan in accordance with the applicable
20 standard for mitigation;
21 (4) Ensure all mitigation is conducted by or under the dir ect supervision of a
22 mitigation pr ofessional;
23 (5) Report all mitigations as prescribe d by the board; and
24 (6) Ensure all radon mitigation systems repai red or alter ed after December 31,
25 2026, meet the applicable mitigation standard.
324.2020. 1. The board shall issue a radon mitigation inspector license, effective
2 for a period of two years, to any person certified for radon mitigation inspection who:
3 (1) Completes an application and pays a fee pr escribed by the board by rule;
4 (2) Pr esents curren t pr oof of certification by a radon pr oficiency prog ram; and
5 (3) Furnishes evidence of a general liability insurance policy that satisfies the
6 r equir ements of section 324.2035.
7 2. The board shall renew the radon mitigation inspector license, effective for a
8 period of two years, of any person who:
9 (1) Completes a licensur e ren ewal pr ocess and pays a fee pr escribed by the
10 board by rule;
11 (2) Pr esents curren t pr oof of certification by a radon pr oficiency prog ram; and
12 (3) Furnishes evidence of a general liability insurance policy that satisfies the
13 r equir ements of section 324.2035.
14 3. A radon mitigation inspector shall:
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15 (1) Maintain certification by a radon pr oficiency pr ogram;
16 (2) Ensur e inspections ar e conducted in accordance with the applicable standard
17 and administrative re gulations; and
18 (3) Report all inspections as pr escribed by the board.
324.2025. 1. The board shall issue a radon laboratory license to any business
2 entity appr oved for radon laboratory analysis that:
3 (1) Completes an application pr ocess and pays a fee pr escribed by the board by
4 rule;
5 (2) Pr esents pr oof of independent third-party accred itation; and
6 (3) Furnishes evidence of a general liability insurance policy that satisfies the
7 r equir ements of section 324.2035.
8 2. The board shall ren ew the radon laboratory license of any business entity
9 that:
10 (1) Completes a license r enewal pr ocess and pays a fee pr escribed by the board
11 by rule;
12 (2) Pr esents curr ent pr oof of appr oval by a radon pr oficiency pro gram; and
13 (3) Furnishes evidence of a general liability insurance policy that satisfies the
14 r equir ements of section 324.2035.
15 3. A radon laboratory shall:
16 (1) Maintain pr oof of accred itation by a laboratory accredi tation pr ogram
17 r ecognized by the National Envir onmental Laboratory Accredi tation Pr ogram;
18 (2) Ensur e all laboratory analysis is conducted in accordance with the applicable
19 laboratory analysis standard;
20 (3) Maintain a quality control pr ogram plan in accordance with the applicable
21 standard for performance criteria for measur ement systems; and
22 (4) Report all laboratory analyses as prescribe d by the board.
324.2030. 1. The board shall issue a radon business entity license, effective for a
2 period of two years, to any business for which the application designates a res ponsible
3 person and a licensed radon pro fessional and for which a fee is paid.
4 2. The radon business entity shall notify the board of the transfer of the radon
5 business entity license to another business entity within thirty days.
324.2035. 1. Each radon mitigation pr ofessional, radon measur ement
2 pr ofessional, radon mitigation inspector , and radon laboratory shall maintain an
3 insurance policy in effect at all times during the licensur e period that:
4 (1) Is issued by an insurance company or other legal entity permitted to transact
5 insurance business in this state;
6 (2) Pr ovides for applicable liability coverage as follows:
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7 (a) For measur ement pr ofessionals and radon mitigation inspectors, liability
8 coverage in an amount of at least two hundr ed fifty thousand dollars per occurr ence;
9 and
10 (b) For mitigation profes sionals and radon laboratories, liability coverage in an
11 amount of at least five hundred thousand dollars per occurr ence;
12 (3) Lists the board as a certificate holder of any insurance policy issued under
13 this section; and
14 (4) States that cancellation or nonr enewal of the underlying liability insurance
15 policy is not effective until the board receiv es written notice of the cancellation or
16 nonr enewal.
17 2. A business entity may meet the requ irem ents of this section on behalf of its
18 employees.
324.2040. 1. Licenses not renewed within thirty days after the r enewal date shall
2 lapse and shall be re instated only upon the completion of the application pr ocess as
3 pr escribed by the board by rule.
4 2. A licensee shall r eport any change of information submitted during the
5 application or ren ewal proc ess in writing to the board within ten days of such change
6 taking place. The board shall not be res ponsible for a licensee not receivi ng notices,
7 communications, or other corr espondence caused by a failure of the licensee to report
8 changes.
324.2045. 1. Ther e is hereby established in the division the "Board of Radon
2 Safety". The board shall:
3 (1) Pr omote testing for and mitigation of radon in this state in collaboration with
4 the department of health and senior services;
5 (2) Develop and conduct pr ograms for evaluation and control of activities
6 r elated to radon, including laboratory analyses, inspection, measur ement, and
7 mitigation;
8 (3) Issue licenses to eligible certified persons or business entities;
9 (4) Maintain a public list of all persons or business entities licensed by the board;
10 (5) Design and administer , or participate in the design and administration of,
11 educational and re sear ch pr ograms in collaboration with the department of health and
12 senior services to ensur e citizens ar e informed about the health risks associated with
13 radon;
14 (6) Enter into agreements with any federal or state agency , political subdivision,
15 postsecondary education institution, nonpr ofit organization, or other person or entity to
16 assist with and administer funds rece ived by the board including, but not limited to,
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17 funds received thr ough the United States Enviro nmental Pr otection Agency's State and
18 T ribal Indoor Radon Grants (SIRG) pr ogram;
19 (7) Pr epare an annual budget for the use of moneys recei ved by the board fr om
20 the collection of fees, recei pt of grants, and all other radon-r elated activities;
21 (8) Collect or r eceive all fees and other moneys owed under sections 324.2000 to
22 324.2065 and deposit all those moneys into the radon control fund established in section
23 324.2050;
24 (9) Issue subpoenas only thr ough the board's attorney and only under the
25 authority of the board's general counsel;
26 (10) Record minutes of board meetings and proceed ings, which shall be
27 documented and made available for public inspection;
28 (1 1) Perform other duties and r esponsibilities relat ing to the topic of radon in
29 collaboration with the department of health and senior services;
30 (12) Pr omulgate administrative reg ulations to administer , coordinate, and
31 enfor ce sections 324.2000 to 324.2065;
32 (13) Establish and maintain personnel and information and communication
33 systems, as necessary , to administer , coordinate, and enforce sections 324.2000 to
34 324.2065; and
35 (14) Ensur e compliance with sections 324.2000 to 324.2065 and initiate
36 enfor cement action.
37 2. Each member of the board shall be a citizen, a resi dent of this state or a
38 r esident of a state adjacent to this state, and a radon measur ement pr ofessional or radon
39 mitigation pro fessional, except that licensur e as such a pr ofessional shall be r equir ed
40 only as described in this section.
41 3. The board shall consist of eight members as follows:
42 (1) Four members, who shall include two radon measur ement pro fessionals and
43 two radon mitigation pr ofessionals, shall be appointed by the governor fr om a list of six
44 names submitted to the governor by the Heartland Chapter of the Indoor Enviro nments
45 Association;
46 (2) One member shall be a r epresent ative of a public health organization and
47 shall be appointed by the governor fr om a list of thr ee names submitted to the governor
48 by the Missouri Cancer Consortium;
49 (3) One nonvoting member shall be a repr esentative of the home building
50 industry and shall be appointed by the governor fr om a list of thr ee names submitted to
51 the governor by the Home Builders Association;
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52 (4) One nonvoting member shall be a r eal estate salesperson or brok er licensed
53 under chapter 339 and shall be appointed by the governor fro m a list of thr ee names
54 submitted to the governor by the Association of Realtors; and
55 (5) One nonvoting member fr om the department of health and senior services
56 shall be appointed by the governor .
57 4. No business entity shall be r epresent ed by mor e than one pr ofessional on the
58 board.
59 5. T o be eligible for initial appointment as a member of the board under
60 subsection 2 of this section, a person shall have been actively engaged in the practice of
61 radon measur ement, mitigation, inspection, or laboratory analysis for not less than
62 thr ee years immediately pr eceding the date of appointment to the board.
63 6. Upon expiration of the initial appointments, to be eligible for any appointment
64 as a member of the board under subsection 2 of this section, a person shall have been
65 actively engaged in performing or managing the practice of radon measur ement,
66 mitigation, inspection, or laboratory analysis for not less than thr ee years in this state
67 immediately pr eceding the date of the appointment to the board and:
68 (1) Hold a valid license as a radon measur ement profes sional or radon
69 mitigation pr ofessional in this state; or
70 (2) Be associated with a licensed radon laboratory .
71 7. The governor shall initially appoint two voting members for a term of four
72 years, two voting members for a term of thr ee years, and one voting member for a term
73 of two years. All appointments shall expir e on June thirtieth of the last year of the
74 appointee's term. There after , voting members shall be appointed for terms of four
75 years.
76 8. No person shall serve mor e than four consecutive terms. Members shall serve
77 until their successors are appointed.
78 9. Upon recommendat ion of the board, the governor may r emove any member of
79 the board for poor attendance, neglect of duty , misfeasance, or malfeasance in office.
80 10. V acancies in the membership of the board for any cause shall be filled by
81 appointment by the governor for the balance of the unexpired term.
82 1 1. A majority of the voting members shall constitute a quorum to do business.
83 The board shall meet at least once each calendar quarter and at other times deemed
84 necessary by the chair or a quorum of the board after a minimum of ten days' notice at
85 a location or teleconfer ence designated by the chair or a quorum of the board.
86 12. The board shall elect a chair and a vice chair . The chair shall pr eside at all
87 meetings at which the chair is pre sent. The vice chair shall preside at all meetings in the
88 absence of the chair . If the chair and vice chair are absent fr om a meeting of the board
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89 when a quorum exists, the members who are pre sent may elect a presidi ng officer to
90 serve as acting chair until the conclusion of the meeting or until the arrival of the chair
91 or vice chair .
92 13. Members of the board shall be immune fr om suit for any discre tionary act
93 performed in good faith.
94 14. Each member of the board shall be reim bursed for costs for actual travel and
95 other actual and necessary expenses incurr ed in the discharge of official duties
96 associated with the board, as pr escribed by the board by rule.
97 15. Any rule or portion of a rule, as that term is defined in section 536.010, that
98 is cr eated under the authority delegated in this section shall become effective only if it
99 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
100 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
101 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
102 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
103 then the grant of rulemaking authority and any rule pro posed or adopted after August
104 28, 2026, shall be invalid and void.
324.2050. 1. Ther e is her eby cr eated in the state tr easury the "Radon Contr ol
2 Fund". All fees authorized to be charged by the board shall be collected by the dir ector
3 of the division and shall be transmitted to the department of r evenue for deposit in the
4 state tr easury for cr edit to this fund. The state tr easure r shall be custodian of the fund.
5 In accordance with sections 30.170 and 30.180, the state tr easurer may appr ove
6 disbursements. The fund shall be a dedicated fund and, upon appr opriation, moneys in
7 this fund shall be used solely for the administration and enfor cement of sections
8 324.2000 to 324.2065.
9 2. Notwithstanding the prov isions of section 33.080 to the contrary , moneys in
10 this fund shall not be transferre d and placed to the credi t of general r evenue until the
11 amount in the fund at the end of the biennium exceeds thr ee times the amount of the
12 appr opriation fr om the fund for the pr eceding fiscal year . The amount, if any , in the
13 fund that shall lapse is that amount in the fund that exceeds the appr opriate multiple of
14 the appr opriations fr om the fund for the preced ing fiscal year .
15 3. The state tr easure r shall invest moneys in the fund in the same manner as
16 other funds ar e invested. Any interes t and moneys earned on such investments shall be
17 cr edited to the fund.
324.2055. 1. The board may ref use to issue, ren ew , or re instate any license
2 r equir ed by sections 324.2000 to 324.2065 for one or any combination of causes stated in
3 subsection 2 of this section. The board shall notify the applicant in writing of the
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4 r easons for the r efusal and shall advise the applicant of his or her right to file a
5 complaint with the administrative hearing commission as pro vided in chapter 621.
6 2. The board may cause a complaint to be filed with the administrative hearing
7 commission as prov ided by chapter 621 against any holder of any license issued under
8 sections 324.2000 to 324.2065 or any person who has failed to renew or has surr ender ed
9 his or her license for any one or any combination of the following causes:
10 (1) The person has been finally adjudicated and found guilty , or enter ed a plea of
11 guilty or nolo contender e, in a criminal pr osecution under the laws of any state, of the
12 United States, or of any country for any offense dir ectly r elated to the duties and
13 r esponsibilities of the occupation, as set forth in section 324.012, rega rdless of whether a
14 sentence is imposed;
15 (2) Fraudulently or deceptively using a license issued under sections 324.2000 to
16 324.2065;
17 (3) Use of fraud or deception in obtaining or attempting to obtain a certification,
18 a license, or a contract to conduct radon measur ement, mitigation, inspection, or
19 laboratory analysis for the applicant or licensee or for another;
20 (4) Attempting to transfer the authority granted by a license issued under
21 sections 324.2000 to 324.2065 to another person or business entity;
22 (5) Use of unfair or deceptive trade practices;
23 (6) Making any false statement as to a material matter in any application or
24 other statement or certificate requi red by sections 324.2000 to 324.2065;
25 (7) Incompetency , misconduct, or gross negligence in the performance of
26 pr oviding radon services or assisting in pr oviding radon services;
27 (8) Revocation of a pr ofessional license, certification, r egistration, or permit
28 granted by another state following disciplinary pr oceedings in that state;
29 (9) Failure to display a license issued under sections 324.2000 to 324.2065 as
30 pr escribed by rule of the board;
31 (10) Disr egarding or violating the standards, building codes, electrical codes, or
32 r elated laws of this state or ordinances of any municipality , city , or county;
33 (1 1) Failing to adequately train and supervise any person working under the
34 dir ection and contr ol of the measur ement pro fessional, mitigation pro fessional, radon
35 mitigation inspector , or radon laboratory;
36 (12) Failing to maintain the liability insurance req uired under section 324.2035;
37 (13) V iolating any pr ovision of sections 324.2000 to 324.2065, any regu lation
38 pr omulgated by the board, or any standard, code, rule, or regul ation adopted in
39 accordance with sections 324.2000 to 324.2065; or
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40 (14) Attempting to evade, or aiding or abetting any person attempting to evade,
41 the pro visions of sections 324.2000 to 324.2065 or the administrative reg ulations
42 pr omulgated ther eunder by the board.
43 3. After the filing of a complaint under subsection 2 of this section, the
44 pr oceedings shall be conducted in accordance with the pr ovisions of chapter 621. Upon
45 a finding by the administrative hearing commission that one or mor e of the grou nds for
46 disciplinary action prov ided in subsection 2 of this section ar e met, the board may ,
47 singly or in combination, censure or place the person named in the complaint on
48 pr obation or suspension or revok e the license of the person on such terms and
49 conditions as the board deems appr opriate.
50 4. T o determine the appr opriate disciplinary action to impose on a licensee
51 under this section, the board shall consider the seriousness of the violation, the harm
52 caused by the violation, the good faith of the licensee, and any history of pr evious
53 violations by the licensee.
54 5. If a license is r evoked or suspended, or an application for a license or renew al
55 of a license is denied, the person, business entity , or laboratory shall not conduct radon
56 measur ement, mitigation, inspection, or laboratory services.
324.2060. 1. The board or its agent or inspector may examine reco rds of licensed
2 mitigation pr ofessionals, measur ement pro fessionals, radon mitigation inspectors, radon
3 business entities, radon laboratories, unlicensed persons, and unlicensed business
4 entities that perform, offer , or claim to perform activities reg ulated by sections 324.2000
5 to 324.2065 including, but not limited to, conducting inspections of mitigation system
6 installations and measur ement locations in order to ensure that radon measur ement,
7 mitigation, and laboratory analysis are conducted in accordance with the applicable
8 standard and administrative reg ulations.
9 2. For purposes of enforcing sections 324.2000 to 324.2065, the board or its agent
10 or inspector may inspect or test any equipment used for measur ement, mitigation, or
11 laboratory analysis or photograph or sketch any portion of a site, building, or
12 equipment involved in measur ement, mitigation, or laboratory analysis.
13 3. In accordance with sections 324.2000 to 324.2065 or any administrative
14 r egulation pro mulgated by the board pertaining to radon measur ement, mitigation, or
15 laboratory analysis, based on a complaint or re port, an agent or inspector of the board
16 shall have the power to seek to enter upon pr emises at all r easonable times to make an
17 inspection and question persons.
18 4. In accordance with sections 324.2000 to 324.2065 or any administrative
19 r egulation pro mulgated by the board pertaining to radon measur ement, mitigation, or
20 laboratory analysis, an agent or inspector of the board shall have the power to:
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21 (1) Question licensed mitigation pro fessionals, measur ement profes sionals,
22 radon mitigation inspectors, radon business entities, radon laboratories, unlicensed
23 persons, and unlicensed business entities that perform, offer , or claim to perform
24 activities regul ated by sections 324.2000 to 324.2065; and
25 (2) Require the pro duction of radon mitigation system plans, sketches,
26 diagnostic information, test reports , quality control plans, quality management plans,
27 and other evidence.
28 5. Agents and inspectors of the board shall be empower ed to issue a stop order to
29 any owner , agent, or occupant of real pro perty r equiring that the radon mitigation
30 system ther eon cease operation if that system has been found to be in violation of
31 sections 324.2000 to 324.2065 or any administrative reg ulation pr omulgated ther eunder
32 by the board or if the radon mitigation system was not constructed, installed, or alter ed
33 in accordance with the applicable standard.
34 6. A person shall not interfer e with an inspection conducted by an agent or
35 inspector of the board.
324.2065. 1. Measurement pr ofessionals, mitigation pr ofessionals, and radon
2 mitigation inspectors shall r eport the addr ess, res ults, and other reco rds about services
3 performed in a manner prescribed by the board by rule.
4 2. Records requ ired by sections 324.2000 to 324.2065, administrative reg ulations
5 pr omulgated ther eunder , or the applicable standard, including, but not limited to,
6 r ecords of radon measur ement, mitigation, quality contr ol prog ram plans, calibration
7 certifications, laboratory analysis activities, worker health and safety plans, and
8 equipment r epairs, shall be ret ained by licensees, as applicable, for a minimum period of
9 five years or the length of time of any warranty or guarantee, whichever is great er .
10 3. The board shall make the records available upon req uest:
11 (1) T o the owner or occupant of a building;
12 (2) T o the board's staff, counsel, and contractors involved in compliance and
13 enfor cement;
14 (3) T o the public aggreg ated at the census tract or zip code level without
15 identifying individual homeowners or individual pro perty locations; and
16 (4) T o a state or federal agency that pr ovides aggr egated data to the public.
17 4. Any measur ement pro fessional, mitigation pr ofessional, or radon mitigation
18 inspector applying for a license or renewa l of a license shall specify , for appr oval by the
19 board, the physical or electr onic location wher e r ecords re quir ed under sections
20 324.2000 to 324.2065 shall be maintained for inspection by the board.
✔
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