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3.The board shall publish notice of all license waiver requests and final actions relating to the requests in its bulletin.
4.The board shall consider and approve or reject all licensure requests for waiver at its board meetings.

G.The board shall adopt and approve a licensing examination, which may be administered by a nationally accepted testing service as determined by the board.

H.The board shall review examination material relative to the adoption and approval of licensing examinations. The board shall have complete authority to enter into confidentiality agreements, which prohibit the public dissemination of information pertaining to review of questions or materials, including any questions or materials certified as proprietary by the person or facility submitting them for evaluation. Any person or testing facility submitting evaluation materials for review, certification, or otherwise, conveys and assigns to the board a right of limited use and license solely for use in the certification process and any related inquiry.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1475, R.S. 37:1485-1487.

HISTORICAL NOTE:Promulgated by the Department of Economic Development, Board of Home inspectors, LR 26:2741 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1687, LR 35:

§120.Education Providers; Instructors; Infield Training

A.1.In order to qualify as an education provider, an applicant shall:

a.pay the initial education provider fee;
b.provide a syllabus and a course list to the board;
c.agree, in writing, to defend, indemnify and hold the board harmless against any claim or suit alleging negligent or intentional acts or omissions of the education provider in its training, or otherwise;
d.remain current on all renewal and other fees;
e.employ only certified home inspector instructors; and
f.be approved by the board.
2.In order to qualify as a certified home inspector instructor of an education provider, a person must:
a.have been actively engaged in the performance of home inspections for the three years prior to certification;
b.be an actively engaged, Louisiana Licensed Home Inspector for the three years prior to certification;
c.have performed at least 500 home inspections; or
d.be licensed in the field of the subject matter of the particular course instructed.
3.In order to qualify as an infield trainer, an applicant shall:
a.be a LSBHI licensed home inspector for at least three years;
b.pay the required infield trainer fee(s);
c.be current on all other fees;
d.be current on all continuing education hours; and
e.be approved by the board.

B.Infield training shall consist of 30 hours of hands-on training of up to four trainees at one time, performed at a residential structure or using residential components or equipment under the supervision of an infield trainer holding an active or inactive LSBHI License. The training shall not be conducted during an actual home inspection

where an inspection fee is paid and an inspection report is provided to a client.

C.Prior to admission to an infield training program, the trainee shall complete the required 90 hours of classroom training and pass the licensing exam described in §119.A.

D.Prior to completion of Infield training, the trainee shall:

1.prepare a minimum of 10 mock home inspection reports in a format approved by the board that conform to the requirements of the standards of practice;
2.attend the report writing seminar conducted on behalf of the board; and
3.pass the board approved examination of the Standards of Practice and Code of Ethics.

E.The trainee shall keep all mock home inspection reports for a minimum of three years.

F.Upon completion of the required infield training, the infield trainer shall provide the trainee with a completed record of training on a form approved by the board.

G.Before registering with a qualified educational provider, the trainee must first apply with the board. After enrolling with a qualified educational provider, the trainee must provide the board with the name of the provider and the commencement date of instruction.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1475, R.S. 37:1485-1487.

HISTORICAL NOTE:Promulgated by the Department of Economic Development, Board of Home inspectors, LR 30:1687 (August 2004), amended by the Office of the Governor, Board of Home Inspectors, LR 31:2011 (August 2005), LR 35:

Interested parties may submit written comments to Don Lewis, Chief Operating Officer, Louisiana State Board of Home Inspectors, 4664 Jamestown, Baton Rouge, LA, 70898-4868 or by facsimile to (225) 248-1335. Comments will be accepted through the close of business November, 2008. If it becomes necessary to convene a public hearing to receive comments in accordance with the Administrative Procedures Act, the hearing will be held on October 31, 2008 at 10 a.m. at the office of the State Board of Home Inspectors, 4664 Jamestown, Suite 220, Baton Rouge, LA.

Albert J. Nicaud

Board Attorney

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE:  Training, Testing, and Licensure

I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

The Board expects minimal costs associated with the publication of the Amendments and adopted rules. Licensees and the interested public will be informed of these rule changes via the Board's regular newsletter, direct mailings, website postings or other means of communication at a minimal cost.

II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units, as no increase in fees will result from the amendments.

III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The proposed rule change will likely result in additional training costs to Trainees due to an increase in live home

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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