TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 184
LICENSING OF INDUSTRIAL HYGIENISTS
SUBPART A: GENERAL
Section
184.100 Purpose
184.101 Applicability
184.102 Definitions
184.103 Disclaimer
184.104 Severability
184.105 Industrial Hygiene Examining Board
184.106 Address for Submittals to Agency
SUBPART B: REQUIREMENTS FOR LICENSE
Section
184.200 Application Requirements
184.201 Felony Convictions of Applicants
184.202 Agency-Approved Programs
184.203 Agency-Approved Institutions
184.204 Agency-Authorized Examination
184.205 Examination Review and Administration
184.206 Professional Experience Requirements
184.207 Application Statement
SUBPART C: LICENSE VALIDITY AND RENEWAL
Section
184.300 Validity of License
184.301 License Renewal
184.302 Inactive Status
SUBPART D: FEES
Section
184.400 Application/Renewal Fees
184.401 Record Fee
184.402 Other Fees
184.403 Nonrefundability of Fees
SUBPART E: DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES
Section
184.500 Investigation
184.501 Notice
184.502 Procedure
184.503 Grounds for Denial, Refusal to Renew, Suspension and Revocation
184.504 Sanctions
184.505 Appeal
184.506 Record Required
SUBPART F: RECIPROCITY
Section
184.600 Evaluation of Licensing by Other States and Reciprocal Licensure
AUTHORITY: Implementing and authorized by the Industrial Hygiene Licensing
Act [225 ILCS 52].
SOURCE: Adopted at 18 Ill. Reg. 16906, effective November 15, 1994.
SUBPART A: GENERAL
Section 184.100 Purpose
This part sets forth the procedures to be used by the Illinois
Environmental Protection Agency in administering a system for the licensing
and sanctioning, where necessary, of industrial hygienists, as defined in
Section 184.102 of this Subpart.
Section 184.101 Applicability
The rules of this Part shall be applicable to the licensing of all
industrial hygienists who seek to represent themselves as Illinois Licensed
Industrial Hygienists.
Section 184.102 Definitions
As used in this Part, the following terms shall have the meanings set forth
below:
"Act" means the Illinois Industrial Hygiene Licensing Act [225
ILCS 52].
"Agency" means the Illinois Environmental Protection Agency.
(Section 10 of the Act)
"American Board of Industrial Hygiene (ABIH)" means the
Pennsylvania non-profit corporation which certifies industrial
hygienists in the United States of America.
"Board" means the Industrial Hygiene Examining Board.
(Section 10
of the Act)
"Certified Industrial Hygienist (CIH)" means an individual who has
been granted a certificate as a Certified Industrial Hygienist by
the American Board of Industrial Hygiene, and whose certificate
has not been suspended or revoked for cause.
(Section 10 of the
Act)
"Director" means the Director of the Illinois Environmental
Protection Agency.
"Fund" means the Industrial Hygienists Regulatory and Enforcement
Fund created by Section 30 of the Act.
"IEPA-OCS" means the Illinois Environmental Protection Agency
office which has primary responsibility for managing the
industrial hygienists licensing program.
"Industrial hygiene" means providing services in which the
sciences are applied with the aid of quantitative measurement
techniques in the control of physical, chemical, and biological
factors that cause illness, injury, impaired health, or
inefficiency among employees and the public.
(Section 10 of the
Act)
"Industrial hygiene profession" means the providing of services
by a Licensed Industrial Hygienist in which the mathematical and
natural sciences are applied with quantitative measurement
techniques in the anticipation, recognition, evaluation, and
control of physical, chemical, and biological stresses that cause
or may cause illness, injury, impaired health and well-being, or
significant discomfort and inefficiency among workers and the
public.
(Section 10 of the Act)
"Industrial Hygienist-in-training" means an individual who has
been granted a certificate as an Industrial Hygienist-in-training
by the American Board of Industrial Hygiene.
(Section 10 of the
Act)
"Licensed Industrial Hygienist (LIH)" means an individual who has
satisfied all the requirements of the Industrial Hygienist
Licensure Act and these rules, who has been granted a license by
the Agency, and whose license has not expired or been suspended or
revoked.
"Person" means any natural person, and shall not include any
corporation, trust or other non-natural entity.
"Professional experience" means the practice, research, teaching,
or administration of industrial hygiene activities. Teaching or
research as a student is not considered to be professional
experience.
Section 184.103 Disclaimer
The Agency and the State of Illinois do not endorse or guarantee the
quality of work or conduct by an applicant who has been licensed.
Section 184.104 Severability
If any Section, subsection, sentence or clause of this Part is judged
invalid, such adjudication shall not affect the validity of this Part as a
whole or any Section, subsection, sentence, or clause thereof not judged
invalid.
Section 184.105 Industrial Hygiene Examining Board
a)
The Director shall appoint an Industrial Hygiene Examining Board
consisting of 5 persons who shall serve in an advisory capacity to
the Director. The Board shall be composed of 4 Certified or
Licensed Industrial Hygienists, one of whom shall serve as the
chairperson, and one member of the public who is not regulated
under the Act or a similar Act and who represents consumer
interests.
b)
Members
shall be Illinois residents and
shall serve for a term of
4 years and until their successors are appointed and qualified,
except for the initial appointments. Of the initial appointments
one member shall be appointed for one year, one shall be
appointed to serve 2 years, one shall be appointed to serve 3
years, and 2 shall be appointed to serve for 4 years, and until
their successors are appointed and qualified. No member shall be
reappointed if that reappointment would cause that person's
service on the Board to be longer than 8 successive years.
Appointments to fill vacancies for the unexpired portion of a
vacated term shall be made in the same manner as original
appointments. Initial terms shall begin January 31, 1994.
c)
The Director may terminate the appointment of any member for
cause.
d)
The Director shall consider the recommendation of the Board on all
matters and questions relating to the Act and these rules.
e)
The Board is charged with the duties and responsibilities of
recommending to the Director the adoption of all policies,
procedures, and rules which may be required or deemed advisable in
order to perform the duties and functions conferred on the Board,
the Director, and the Agency to carry out the provisions of the
Act.
(Section 35 of the Act)
Section 184.106 Address for Submittals to Agency
All materials submitted to the Agency by applicants and Licensed Industrial
Hygienists pursuant to this Part shall be addressed to:
Illinois EPA
Office of Chemical Safety
Health & Safety Unit
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
SUBPART B: REQUIREMENTS FOR LICENSE
Section 184.200 Application Requirements
a) The Industrial Hygienist License Application form shall be
available from the Agency by mailing a written request to IEPA-OCS
with a self-addressed stamped envelope.
b) Any person who seeks a license as a Licensed Industrial Hygienist
shall submit a complete application to the Agency in which the
applicant provides all of the following:
1) A statement that the applicant has not been convicted of a
felony in the State of Illinois, any other state, or in any
Federal Court; or, if the applicant has been convicted of a
felony, the felony convictions are adequately described, as
required in Section 184.201 of this Subpart;
2) Verification of experience from immediate supervisors for
each industrial hygiene employment period claimed toward
meeting the professional experience requirements specified in
subsection (b)(3) below. When the applicant had no
supervisor, the applicant shall submit verifications from
clients; at least one verification from a client shall be
provided for each year of experience claimed. Each
verification shall be provided on the Agency Professional
Experience Verification form.
3) Official transcripts shall be required for coursework
claimed for credit and shall be submitted directly to the
Agency by the college or university. The verifications
required by subsection (b)(2), above, and transcripts shall
demonstrate that the applicant has either:
A)
A bachelors degree in a physical or biological science
or industrial hygiene from an undergraduate program
approved by the Agency and at least 5 years of
professional experience
(Section 25 of the Act); or
B)
A masters degree in industrial hygiene from a graduate
program approved by the Agency and at least 4 years of
professional experience
(Section 25 of the Act); or
C)
A doctorate degree in industrial hygiene from a graduate
program approved by the Agency and at least 3 years of
professional experience.
(Section 25 of the Act).
4) A copy of the ABIH notification stating that the applicant
has passed the examination(s) required for qualification as a
Certified Industrial Hygienist, or a copy of the Certified
Industrial Hygienist certificate granted by ABIH.
5) The required fee payable to the Fund, as provided in Section
184.400 of this Part.
c) Applicants who did not register with the Agency by November 18,
1993 shall not be licensed before July 1, 1994.
d) Any applicant may be required to submit supplementary information
in the event that an incomplete application is received by the
Agency, or the Agency determines that any information provided in
an application requires clarification.
e) No applicant may apply for licensure prior to having passed the
examination authorized by the Agency.
Section 184.201 Felony Convictions of Applicants
Any applicant who has been convicted of a felony in the State of Illinois,
any other State, or any Federal Court, shall, along with the application,
provide a written description of the felony charge for which the applicant
was convicted, how long ago the conviction occurred, the jurisdiction in
which the applicant was convicted, the number of the case in which the
conviction was entered, and any mitigating factors which the applicant
believes are relevant to the consideration of the Agency.
Section 184.202 Agency-Approved Programs
a) Any applicant who has completed a bachelors degree at an
Agency-approved institution (as provided in Section 184.203 of
this Subpart) in chemistry, physics, chemical engineering,
mechanical engineering, sanitary engineering, environmental
engineering, biology, or industrial hygiene shall have completed
an Agency-approved undergraduate program. The Agency may accept
other bachelors degrees provided the degree program included at
least 60 semester credit hours in courses in physical or
biological science, mathematics, engineering, and technology, with
at least 15 of those hours at the junior, senior, or graduate
level. An applicant who has a bachelors degree in a discipline
not specifically mentioned in this subsection may be eligible to
apply for a license on the basis of additional academic coursework
from an Agency-approved institution or by completion of an
Agency-approved graduate program.
b) Any applicant who has completed a masters or doctorate degree at
an Agency-approved institution (as provided in Section 184.203 of
this Subpart) in the field of industrial hygiene shall have
completed an Agency-approved graduate program.
Section 184.203 Agency-Approved Institutions
Any institution of post-secondary education granting degrees shall be
considered to be an Agency-approved institution provided that it is
accredited by the Council on Post Secondary Accreditation or any successor
organization, or the institution may be considered on the basis of its
accreditation status in the education system which has jurisdiction.
Section 184.204 Agency-Authorized Examination
The examination authorized by the Agency for the purpose of application for
licensure shall be examination(s) required by the ABIH for qualification as
a Certified Industrial Hygienist.
Section 184.205 Examination Review and Administration
a) The Agency shall review ABIH examination subjects at least
annually to evaluate their continuing appropriateness for the
licensing of industrial hygienists.
b) The Agency-authorized examination shall be administered by the
ABIH, which shall be the designated testing service for purposes
of Section 30 of the Act.
Section 184.206 Professional Experience Requirements
Applicants for licensure shall have achieved the years of professional
experience required by Section 184.200 of this Subpart by having spent more
than 50% of their total work time (more than 20 hours per week) in
professional activities related to industrial hygiene during each year
claimed for credit.
Section 184.207 Application Statement
Any person submitting an application pursuant to this Part shall make the
following statement:
I certify that the information submitted in this application is,
to the best of my knowledge and belief, true, accurate and
complete. I am aware that any license granted to me by the
Illinois Environmental Protection Agency may be subject to
suspension or revocation if any information submitted in this
application is determined to be false or misleading.
SUBPART C: LICENSE VALIDITY AND RENEWAL
Section 184.300 Validity of License
Any license or renewal license issued under this Part shall be valid for a
period of 2 years, with the expiration date being 2 years from the day the
license was issued, except as specified in Subsection 184.301(c) of this
Subpart.
Section 184.301 License Renewal
a) The Industrial Hygienist License Application form shall be used
for renewal application and shall be available from the Agency by
submitting a written request to IEPA-OCS with a self-addressed
stamped envelope.
b) Any person who seeks renewal of an unexpired license issued under
this Part shall, no later than 30 days before the expiration of
the currently effective license, submit a complete application to
the Agency, in which the applicant must provide all of the
following:
1) A statement that the applicant has not had a license issued
under this Part suspended or revoked;
2) A statement that the applicant has not been convicted of any
felony not previously reported to the Agency on an
application or renewal form; and
3) The required fee payable to the Fund, as provided in Section
184.400 of this Part.
c) A license shall remain valid for 90 days beyond its expiration
date if a complete renewal application and the fee required
pursuant to Section 184.400 of this Part is submitted no later
than 30 days before the expiration date.
d) Any person who seeks renewal of an expired license shall submit a
complete renewal application to the Agency as provided in
subsection b, above, along with the renewal fee specified by
subsection 184.400(c) of this Part.
e) Any applicant who has entered inactive status in accordance with
Section 184.302 of this Subpart may remove himself or herself from
inactive status and seek renewal of his or her license under
subsection (a) and (b) of this Section irrespective of whether his
or her license has expired during the period of inactive status.
Section 184.302 Inactive Status
Any person with a valid unexpired license issued under this Part may enter
inactive status by notifying IEPA-OCS in writing by certified mail,
provided that the person is not the subject of a pending investigation or
proceeding pursuant to Subpart E of this Part. During the period of
inactive status, the person shall not use the title Licensed Industrial
Hygienist. A person on inactive status may return to active status by
either:
a) Notifying IEPA-OCS by certified mail of the return to active
status if the expiration date has not passed for the license that
was valid at the time inactive status was elected, or
b) Submitting a complete renewal application to the Agency, as
provided in subsection 184.301(b) of this Subpart, except that the
fee required for a resumption of active status and renewal shall
be $50.
SUBPART D: FEES
Section 184.400 Application/Renewal Fees
a) All fees payable under this Part shall be made payable to the
Industrial Hygienists Regulatory and Enforcement Fund.
b) As provided in Section 50 of the Act, all persons required to be
licensed when the Act was approved on August 20, 1993, were to
have registered with the Agency and submitted a registration fee
of $100 by November 18, 1993. Persons who registered by November
18, 1993, shall be sent an Industrial Hygienist License
Application form by the Agency. After January 1, 1994, the Agency
will begin issuing licenses to qualified, registered applicants
who have satisfied all the requirements of Section 184.200 of this
Part. Persons submitting applications who did not register by
November 18, 1993, shall not be issued licenses before July 1,
1994.
c) The application fee for an initial license or for renewal of an
expired license shall be $200, except that the application fee for
applicants who registered by November 18, 1993, shall be $100 for
their initial term of licensure. The application fee includes the
issuance of a wallet license certificate.
d) The fee for the renewal of an unexpired license shall be $50,
provided that the application for renewal is submitted no less
than 30 days before the expiration date of the license. Any
application for renewal submitted before the expiration date of
the applicant's license, but less than 30 days before the
expiration date, shall be subject to an additional $50 fee.
Section 184.401 Record Fee
Applicants and Licensed Industrial Hygienists who wish to pursue judicial
review of a final administrative decision of the Agency under Subpart E of
this Part shall send the Agency a written request for a certified copy of
the record identifying the final administrative decision of the Agency of
which the applicant or Licensed Industrial Hygienist is seeking review.
Written requests for copies of records shall be sent to IEPA-OCS.
Following receipt of the written request, the Agency shall notify the
applicant or Licensed Industrial Hygienist of the number of pages of the
relevant record. The applicant or Licensed Industrial Hygienist shall then
submit a record fee of 20 cents for each page of the record to the Agency.
Section 184.402 Other Fees
a) Any Licensed Industrial Hygienist who wishes to obtain a wall
certificate shall send a written request to IEPA-OCS, along with a
$15 fee for each certificate requested.
b) Any Licensed Industrial Hygienist who wishes to obtain a duplicate
license certificate, replacement license certificate, or new
license certificate reflecting a legally-recognized name change
shall send a written request to IEPA-OCS specifying whether a
duplicate or replacement certificate or certificate reflecting a
legally-recognized name change is desired. If an additional
certificate is requested by a Licensed Industrial Hygienist, the
fee shall be $15 each.
c) Any person wishing to obtain a roster of current, suspended and
revoked licenses, or a roster of expired and inactive licenses
shall send a written request to IEPA-OCS along with a $15 fee for
each roster requested.
Section 184.403 Nonrefundability of Fees
All fees received by the Agency from applicants or Licensed Industrial
Hygienists under this Part shall be non-refundable.
SUBPART E:
DENIAL, REFUSAL TO RENEW, SUSPENSION, AND REVOCATION OF LICENSES
Section 184.500 Investigation
The Agency may refuse to issue, refuse to renew, or seek the suspension or
revocation of any license issued under the Act and this Part. The Agency
may, upon its own motion or upon the written complaint of any person
setting forth charges which, if proven, would constitute grounds for
refusal to issue or renew, suspension or revocation as provided by Section
184.503 of this Subpart, investigate the actions of any person applying for
or holding a license.
Section 184.501 Notice
The Agency, prior to denying, refusing to renew, suspending or revoking a
license, shall notify the applicant or Licensed Industrial Hygienist in
writing of the intent of the Agency to deny, refuse to renew, suspend or
revoke a license, and the nature of any charges made by any third party
against the applicant or Licensed Industrial Hygienist, and shall afford
the applicant or Licensed Industrial Hygienist an opportunity to be heard
in person or by counsel. The Agency shall also notify the Board of the
issuance of a notification of intent to refuse to renew, suspend or revoke
a license.
Section 184.502 Procedure
When the Agency has given notice of its intent to deny, refuse to renew,
suspend or revoke any license, and of any charges made by any third party
against an applicant or Licensed Industrial Hygienist, the procedures set
forth at 35 Ill. Adm. Code 168, Procedures For Contested Case Hearings,
shall apply to the conduct of any Agency hearings and the making of final
administrative decisions.
Section 184.503 Grounds for Denial, Refusal to Renew, Suspension and
Revocation
a) The Agency may deny, refuse to renew, suspend or revoke any
license for any one or any combination of the following causes:
1) The practice of any fraud or deceit in obtaining or
attempting to obtain a license;
2) Negligence or misconduct in the practice of industrial
hygiene which endangered the health or safety of the public,
an employee, or the environment;
3) Repeated violations of federal, state or local laws,
regulations, standards, or ordinances regarding health and
safety;
4) Conviction in Illinois or another state of any crime which is
a felony under the laws of Illinois or that other state or
conviction of a felony in a federal court;
5) Being declared to be a person under a legal disability by a
court of competent jurisdiction; or
6) Revocation or suspension of Certified Industrial Hygienist
status by the ABIH for cause.
b) The Agency may issue, renew or refuse to suspend or revoke a
license notwithstanding the applicability of any of the factors
set forth in subsection (a), above, if mitigating factors exist
such that a license should be issued. Mitigating factors may
include, but shall not be limited to, the following:
1) The severity of the misconduct;
2) How recently the misconduct took place; and
3) The degree of control exerted over worker and public health
and safety at a site by the applicant or Licensed Industrial
Hygienist at the time any misconduct described in subsection
(a), above, was committed.
c) Relative to all original and renewal applications and in all
hearings before the Agency conducted under this Part, a person
seeking licensure shall have the burden of demonstrating that he
or she is entitled to the license.
Section 184.504 Sanctions
a) If a license is suspended, it shall be considered invalid for a
period of time not less than 30 days, but no more than one year,
as determined by the Agency. If a license expires during
suspension, the suspended industrial hygienist may not reapply for
license until the suspension period has elapsed. At the end of
the suspension period, the suspended license, if not expired,
shall be considered valid.
b) If a license is revoked it shall be considered void. If a license
is revoked, the former Licensed Industrial Hygienist may not
reapply for a license for a period of not less than six months but
not more than three years, as determined by the Agency. If an
applicant seeks to obtain a license after the revocation period
has elapsed, the applicant must comply with all requirements of
Subparts B and D of this Part as if originally applying for a
license.
Section 184.505 Appeal
Within 35 days after receipt of a written notice of denial, refusal to
renew, suspension or revocation from the Director, the applicant, suspended
industrial hygienist, or former Licensed Industrial Hygienist may appeal
the sanction to the Circuit Court of Sangamon County. The revocation or
suspension of a license shall be stayed pending a final decision on an
appeal. All judicial review conducted pursuant to this Part shall be in
accordance with the Administrative Review Law [735 ILCS 5/Art. III].
Section 184.506 Record Required
No applicant or Licensed Industrial Hygienist may seek judicial review of a
final administrative decision of the Agency under this Part unless that
applicant or Licensed Industrial Hygienist has obtained a certified copy of
the Agency record, paid the Agency the record fee required by Section
184.401 of this Part and filed the certified copy with the Circuit Court
for Sangamon County.
SUBPART F: RECIPROCITY
Section 184.600 Evaluation of Licensing by Other States and Reciprocal
Licensure
a) The Agency will monitor the establishment of systems for the
licensing of industrial hygienists in other states, and will
evaluate whether the qualifications for granting a license
prescribed by any other state are compatible with those prescribed
by the Act and this Part.
b) The Agency will evaluate the qualifications for the licensing of
industrial hygienists prescribed by any other state on the basis
of the following factors:
1) whether the examination requirements prescribed by that state
are compatible with those specified in Sections 184.200,
184.204 and 184.205 of this Part;
2) whether the experience requirements prescribed by that State
are compatible with those specified in Sections 184.200 and
184.206 of this Part;
3) whether the educational requirements prescribed by that state
are compatible with those specified in Sections 184.200 and
184.203 of this Part;
4) whether the felony disclosure requirements prescribed by that
state are compatible with those specified in Sections 184.200
and 184.201 of this Part; and
5) whether application, licensing and disciplinary records from
that other state are available for review by the Agency.
c) The Agency may make a determination that another State's program
for the licensing of industrial hygienists is compatible with that
provided for by the Act and this Part by one of the following two
methods:
1) The Agency may enter into an agreement with the licensing
authority in another state providing for standards and
procedures for the reciprocal licensing of industrial
hygienists; or
2) The Agency may, on a case-by-case basis, review the
qualifications required for licensure by another state
pursuant to a written request made by an applicant for
reciprocal licensure. The Agency may require written
confirmation from the licensing authority in another state if
a case-by-case review is undertaken.
d) The Industrial Hygienist Reciprocal Licensure Application form
shall be available from the Agency by mailing a written request to
IEPA-OCS with a self-addressed stamped envelope. Applicants for
reciprocal licensure shall make any written request to the Agency
for case-by-case review of their state's licensing qualifications
as a part of their Industrial Hygienist Reciprocal Licensure
Application. The Industrial Application form shall include the
same application certification statement provided in Section
184.207 of this Part. Applicants for reciprocal licensure may be
required to submit supplementary information to the Agency, as
provided in Section 184.200 of this Part.
e) Applicants for reciprocal licensure and Licensed Industrial
Hygienists who have obtained that status in Illinois on the basis
of reciprocity shall be subject to and entitled to the same
procedural rights provided in Subpart E of this Part.
f) Applicants for reciprocal licensure and renewal reciprocal
licensure shall be required to pay the same fees required for all
other applicants, as provided in Subpart D of this Part. In
addition, applicants seeking to be initially licensed on the basis
of reciprocity shall pay $100 as a reciprocity fee.