Kentucky radon licenses are on hold, indefinitely.
Implementation, administration, and enforcement of the “Radon Contractor Certification Program” was prohibited by a Franklin Circuit Court order entered July 2.
It freezes the entire radon certification regulation, 902 KAR 95:040 – one day after the Ky. Cabinet for Health & Family Services (CHFS) said it would take off, on July 1.
The Order protects all radon contractors, even though some Plaintiffs claimed it only covers them. Not so. And CHFS is not going there. So testers and mitigators are safe for now.
Want to get involved? If you got stonewalled, nobody ever returned your calls or emails to CHFS, or misled into paying for what looked like a CHFS course but turned out to smell more like an AARST sales pitch, Plaintiffs are asking to hear from you.
Want national certification now – before this mess gets worse? Call 502-896-2020.
The lead Plaintiff is Inter-NACHI, joined by about a 10 others. The 10 includes a member of the Radon Advisory Committee essentially suing himself, since the Radon Advisory Committee is one of the defendants.
Still, you have to give the Plaintiffs credit. At least they jumped in, and blew the whistle on this slow motion train wreck. The lawsuit says the regulation is unconstitutional for a grab-bag of reasons, like violations of due process and equal protection. Actually, the regulation creates an unlawful “money making monopoly” for AARST (the so-called American Association of Radon Scientists), the complaint says.
Plaintiffs will be tweaking their Complaint and looking for more evidence now. If you were one of the inspectors CHS stonewalled over the regulation, or you got suckered into what looked like a Kentucky radon seminar that turned out to be a sales pitch for AARST goods and services, you might be able to help.
Contact Richard Masters (502-582-2900), the plaintiff’s lawyer, if you want to help. And keep us posted while you’re it.
PLI will be hosting another national radon certification course October 3-4, in Louisville, at the Breckinridge Inn. You can pick your national exam, and your national certification. Both NRSB (the National Radon Safety Board) and NRPP (the National Radon Proficiency Program) exams are offered. Both tests are accepted under the Kentucky regulations – and will be when the lawsuit’s dust settles.
It is a 2-day course, including either one of the national exams, for each student who chooses to take it, at the end of the class.
Class size is limited, as you expect with PLI’s in-person training. That’s an important reason that PLI’s first-time pass rate on national exams is so high. To register, call 502-896-2020.
Click to download the documents below.
Motion for Temporary Injunction