4101:16. Ohio Construction Industry Licensing Board

Chapter 4101:16-1 Meetings, Fees, and Records

4101:16-1-01 Notice of administrative rules hearing.

(A) Public Notice of the intention of the administrative, electrical, heating, ventilating, and air conditioning and refrigeration, and plumbing and hydronics sections of the Ohio construction industry licensing board to consider adopting, amending or rescinding a rule in accordance with division (A) to (E) of section 119.03 of the revised code shall be published once, in the English language, at least thirty days prior to the date set for a public hearing to consider adopting, amending, or rescinding said rules.

(B) The public notice shall specify the date, time, and place of the hearing and shall include:

(1) A statement of the intention to consider adopting, amending or rescinding a rule and the purpose or reason therefore;

(2) A synopsis of the proposed rule, amendment or rescission or a general statement as to the subject which it relates.

(C) The board's secretary shall provide a copy of the public notice to any person who requests a copy and pays the cost of copying and mailing.

(D) The sections of the Ohio construction industry licensing board shall be authorized to give additional notice of such public hearing as it deems necessary; however, the giving of such additional notice shall not be mandatory and the failure to give notice by any means other than as specified above (A) shall not in any way invalidate any action which may be taken by the sections of the Ohio construction industry licensing board.

Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740. R. C. 119.032 review dates: 04/01/2010

4101:16-1-02 Public meeting.

(A) Meetings of the administrative, electrical, heating, ventilating and air conditioning, refrigeration, plumbing and hydronics sections of the Ohio construction industry licensing board, in addition to the meetings required by sections 4740.04 and 4740.06 of the Revised Code, may be held at the call of the chairman or vice-chairman or upon a majority vote of a quorum of the members present at the section meetings.

(B) Upon request, any person may receive at least twenty-four hour advance notification in writing of all regularly scheduled meetings of the Ohio construction industry licensing board.

(C) Any representative of the news media may obtain at least twenty-four hours advance notice of all special meetings by requesting orally or in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A written request for such notification shall be addressed to: "Board Secretary, Ohio Construction Industry Licensing Board at 6606 Tussing Road, P.O. Box 4009, Reynoldsburg, Ohio 43068-9009." The request shall provide the name of the individual media representative to be contacted, mailing address and a maximum of two telephone numbers of the representatives of the news media who have requested notice of special meetings pursuant to this paragraph.

(D) Public notice specifying the date, time and place of all regularly scheduled meetings of the sections shall be posted. Such posting shall state the time and place of the regularly scheduled meeting.

(E) In the event of a special meeting, and in addition to the notices provided for under paragraphs (B) and (C) of this rule, a notice stating the purpose, time and place of the meeting shall be made at http://www.com.ohio.gov/dico/OCILB.aspx#lic and shall be made no later than four calendar days prior to the day of the special meeting.

(F) In the event of a special meeting of an emergency nature, notice shall be given as soon as possible.

(G) Questions of parliamentary procedure not otherwise provided for shall be governed by the most current version of "Robert's Rules of Order Newly Revised."

Effective: 01/01/2009

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 121.22

Rule Amplifies: 4740.04, 4740.06

Prior Effective Dates: 04/01/05, 11/15/07

4101:16-1-03 Definitions.

(A) "Board" means the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the Revised Code.

(B) "Specialty section" or "trade section" or "appropriate section" means the plumbing and hydronics section, electrical section, and the heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the revised code.

(C) "Specialty contractor" or "contractor" means an individual or business entity who holds one or more licenses issued by the appropriate specialty section pursuant to chapter 4740. of the Ohio revised code.

(D) "Curriculum" means a continuing education course topic in general business that is applicable to all trades, general health and safety that is applicable to all trades, technology that is trade specific, or code that is trade specific.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-01 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740. R. C. 119.032 review dates: 04/01/2010

4101:16-1-04 Administrative section officers.

The officers of the administrative section of the board shall consist of the following:

(A) A chairperson, who shall be elected annually by the members of the administrative section. The chairperson's duties include the following:

(1) To preside over meetings of the administrative section, or to designate a member to preside in the chairperson's and vice chairperson's absence.

(2) To sign all vouchers of the board upon presentation of a signed, itemized, and supported voucher.

(B) A vice-chairperson, who shall be elected annually by the members of the administrative section. The vice-chairperson's duties shall include performing the duties of the chairperson should the chairperson be absent or incapable of performing the duties required of the chairperson.

(C) The administrative section may do all things necessary to carry out the intent and purpose of chapter 4740. of the Ohio revised code unless such action conflicts with any act or duty specifically assigned to a specialty section pursuant to chapter 4740. of the Ohio revised code.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-03 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.04 R. C. 119.032 review dates: 04/01/2010

4101:16-1-05 Annual report to the director of commerce.

The administrative section shall prepare an annual written report to the director of the department of commerce detailing the proceedings had by or before the board during the previous fiscal year. The annual report shall be submitted to the director within thirty days of the end of the previous fiscal year.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-03 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740 R. C. 119.032 review dates: 04/01/2010

4101:16-1-06 Annual fiscal statement.

The administrative section shall prepare an annual fiscal statement stating all monies received and expended by the board during the previous fiscal year. The annual fiscal statement shall be completed within thirty days of the end of the previous fiscal year.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-04 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.04 R. C. 119.032 review dates: 04/01/2010

4101:16-1-07 Notification of examination result.

4101:16-1-07

(A) The administrative section or its designee shall be responsible for issuing licenses to individuals who attain a score of at least seventy percent on both sections of the examination authorized by the appropriate specialty sections and meet the requirements set forth in section 4740.06 of the Ohio revised code.

(B) The administrative section or the approved testing agency shall be responsible for notifying individuals whether the individual has passed both sections of the examination or failed one or both sections of the examination.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-05 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.04, 4740.05, 4740.06 R. C. 119.032 review dates: 04/01/2010

4101:16-1-08 Display of license.

(A) An individual or entity holding a specialty contractor license issued pursuant to Chapter 4740. of the Revised Code shall display the issued license in a conspicuous place in each office or each place of business of the specialty contractor and each construction site.

(B) Any individual or entity holding a specialty contractor license issued pursuant to Chapter 4740. of the Revised Code shall display the license number assigned by the administrative section, on items associated with the specialty contracting business. Such items for the purpose of this rule include, but are not limited to, all business locations, business cards, vehicles containing name of the specialty contracting business, contracts and advertisements, including but not limited, to advertisement in the telephone directory if such advertisement is not just the name, address, and telephone number of the specialty contractor, and advertising specialty items. For the purposes of this rule, exempted from inclusion as advertising specialty items are pens, pencils, t-shirts, or hats, and other similar, smaller items as designated by the board.

The license number shall be displayed as OH LIC# - - -.

(C) On vehicles displaying the name of the specialty contracting business, the license number shall be prominently placed on at least two sides of the vehicle and be of a size, but not less than two inches in height, that the number is easily noticed. The license number shall be displayed as OH LIC# - - -.

(D) No license number shall be advertised for more than one business name.

Effective: 11/15/2007

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.04

Rule Amplifies: 4740.04

Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-1-09 Replacement of a license.

(A) If a license issued pursuant to this rule should be lost, stolen, accidentally mutilated, or destroyed, the individual issued the license may request a duplicate of the license. In order for the licensee to obtain a duplicate license for a lost or stolen license, the licensee shall make sworn affidavit stating the facts associated with the loss or theft of the license, and pay a replacement fee in an amount of twenty-five dollars.

(B) In order for a licensee to obtain a duplicate copy of an accidentally mutilated or destroyed license, the licensee shall provide an affidavit stating the facts of the mutilation or destruction of the license, and pay a fee in an amount of twenty-five dollars. In lieu of the affidavit required by this rule, the secretary employed by the administrative section may accept any recognizable portion of a mutilated or destroyed license that the secretary deems sufficient evidence for replacement of the license. Upon a determination that an individual has met all of the requirements of this rule, the administrative section shall issue a duplicate license.

3/24/03, 2/9/04 Replaces: 4101:16-1-07 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.03, 4740.04, 4740.05 R. C. 119.032 review dates: 04/01/2010

4101:16-1-10 Notice of renewal date and application for renewal.

(A) The administrative section shall provide an application to each individual holding a license pursuant to chapter 4740. of the Ohio revised code of the expiration of the license. The application shall be in writing and shall be provided at a minimum of ninety days prior to the expiration of the license.

(B) The appropriate specialty section shall approve an application for renewal only if the licensee meets the qualifications in section 4740.06(B) of the Ohio revised code, paid the appropriate renewal fee, provided proof of the required contractor's liability insurance, pursuant to rule 4101:16-1-11 of the Ohio administrative code, and complied with the continuing education requirements pursuant to sections 4740.04 and 4740.06 of the Ohio revised code and rule 4101:1-2-01 of the Ohio administrative code.

3/24/03, 2/9/04 Replaces: 4101:16-1-08 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.04, 4740.05 R. C. 119.032 review dates: 04/01/2010

4101:16-1-11 Fees and insurance.

(A) The fees for applications for examination, issuance of licenses, replacement or duplicate licenses, and annual renewal of licenses are as follows:

(1) Twenty-five dollars for application for examination;

(2) Twenty-five dollars for the issuance of each license;

(3) Twenty-five dollars for a replacement or duplicate license;

(4) Sixty dollars for the annual renewal of each license;

(5) A late fee of not more than one hundred and twenty dollars will be assessed for each license not timely renewed under rule 4101:16-1-10 of the Administrative Code; and

(6) A penalty fee of thirty dollars will be assessed for each license for any check or other draft instrument used to pay any fee required by Chapter 4740. of the Revised Code that is returned to the board as unpaid.

(B) The fees for each continuing education course and for the annual approval of each training agency are as follows:

(1) A nonrefundable fee of ten dollars plus one dollar per credit hour for each course application submitted;

(2) A nonrefundable fee of one dollar per credit hour of instruction per attendee; and

(3) A nonrefundable fee of twenty-five dollars for each training agency application submitted.

(C) Each fee described in paragraphs (A) and (B) of this rule are nonrefundable and are payable to the administrative sections of the Ohio construction industry licensing board.

(D) All individuals holding a license pursuant to Chapter 4740. of the Revised Code, except an individual whose license has been placed in inactive status pursuant to division (E) of section 4740.06 of the Revised Code, shall maintain contractor's liability insurance, including without limitation, complete operations coverage in an amount of at least five hundred thousand dollars.

Effective: 11/15/2007

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.09, 4740.15

Rule Amplifies: 4740.04, 4740.05, 4740.06, 4740.09, 4740.15

Prior Effective Dates: 3/24/03, 2/9/04, 4/1/05

4101:16-1-12 Reciprocity.

(A) Upon application to the appropriate specialty section and payment of the fee specified in rule 4101:16-1-11 of the Administrative Code for the issuance of a license, the appropriate section shall direct the administrative section to issue, without examination, a license to an individual, licensed in another state of the United States. Such issuance of a license is contingent upon a determination by the appropriate specialty section that the requirements for licensure under the laws of any other state of the United States are substantially equal to the requirements for the issuance of a license in the state of Ohio, that such other state extends similar reciprocity to licenses under Chapter 4740. of the Revised Code and that the states have entered into a written reciprocity agreement signed by the appropriate section and the other state. Such issuance of a license is also contingent upon receipt of a completed criminal records check performed pursuant to rule 4101:16-1-14 of the Administrative Code, and the Ohio construction industry licensing board having determined, in its discretion, whether the result of the criminal records check makes the applicant ineligible for a license.

(B) Any person who is granted a license pursuant to paragraph (A) of this rule and fails to meet the continuing education requirements in rule 4101:16-2-01 of the Administrative Code, or pay the renewal fee pursuant to rule 4101:16-1-11 of the Administrative Code, or fails to maintain the appropriate amount of contractor's insurance may apply one time for late renewal pursuant to rule 4101:16-3-06 of the Administrative Code.

(C) Any person who fails to renew their license or has been previously granted a late renewal shall not be granted another late renewal or granted another license under reciprocity but shall be required to file an application for the written examination pursuant to rule 4101:16-3-03 of the Administrative Code.

Effective: 01/01/2009

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.08, 4740.061, 4776.01, 4776.02, 4776.03, 4776.04

Prior Effective Dates: 03/24/03, 02/09/04, 04/01/05, 11/15/07

4101:16-1-13 Inactive status.

(A) Request for inactive status.

An individual holding a valid and un-expired current license issued pursuant to Chapter 4740. of the Revised Code may request that the license be placed in inactive status. The request shall be in writing on a form prescribed and furnished by the appropriate specialty section. The licensee shall provide any other information the appropriate specialty section deems necessary. A license may remain in inactive status indefinitely.

(B) Prohibition.

An individual who places their license in an inactive status shall not engage in specialty contracting or any activity for which the license is required. If the appropriate specialty section determines that the licensee has engaged in specialty contracting or activity requiring a valid license under Chapter 4740. of the Revised Code, the appropriate section may suspend or revoke the inactive license and such notification shall state that the person may request an adjudication hearing pursuant to rule 4101:16-4-04 of the Administrative Code and section 119.07 of the Revised Code.

(C) Renewal.

An individual who possesses an inactive status license shall apply each year in order to maintain the inactive status license. The renewal application shall be on a form prescribed and furnished by the appropriate specialty section and shall include the annual renewal fee of sixty dollars. If an individual fails to apply for renewal of the inactive status of the license pursuant to this rule, the license shall expire at the end of the inactive status period for which the license was granted. An individual whose inactive license has expired for non-renewal may apply in writing to the appropriate specialty section for a late renewal. The appropriate specialty section may allow the inactive license to be renewed untimely upon payment of the renewal fee plus a late fee pursuant to rule 4101:16-1-11 of the Administrative Code within the time period specified. If the individual fails to comply with the terms imposed by the appropriate specialty section the license shall automatically expire by operation of law without the taking of any action by the appropriate section or the board's secretary.

(D) Continuing education and insurance requirements.

During the period a license is in an inactive status, the licensee is exempt from the continuing education requirements of rule 4101:16-2-01 of the Administrative Code. The licensee is not required to maintain contractor liability insurance during the period the license is in inactive status.

(E) Return to active status.

An individual may have a license returned to active status upon the following conditions:

(1) The individual notifies the appropriate specialty section on a form prescribed and furnished by the section;

(2) The individual completes the cumulative continuing education requirements for the period of time that the license was in inactive status. An individual seeking to have a license returned to active status shall be required to complete no more than ten hours of continuing education courses for each year the license was in an inactive status, but not to exceed a total of thirty hours;

(3) The individual pays a reactivation fee of sixty dollars; and

(4) The individual provides evidence of at least five hundred thousand dollars in contractor liability insurance.

(F) Notification.

The specialty section shall maintain an up-to-date list of all licenses in inactive status, and shall make such list available to all building departments upon request.

Effective: 01/01/2009

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.05, 4740.06

Prior Effective Dates: 03/24/03, 02/09/04, 04/01/05, 11/15/07

4101:16-1-14 Criminal background check.

(A) An applicant for a license who has been referred to the administrative section pursuant to rule 4101:16-1-12 or 4101:16-3-05 of the Ohio Administrative Code shall submit a request to the bureau of criminal identification and investigation for a criminal records check of the applicant. The request shall be accompanied by a completed form prescribed under division (C)(1) of section 109.572 of the Revised Code, a set of fingerprint impressions obtained as described in division (C)(2) of section 109.572 of the Revised Code, and the fee prescribed under division (C)(3) of section 109.572 of the Revised Code. The applicant shall request the bureau of criminal identification and investigation to obtain from the federal bureau of investigation any information pertaining to the applicant. An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the Ohio construction industry licensing board's name and address. Upon completion of the criminal records check, the bureau shall send the results of the check to the board.

(B) A previous criminal records check requested by an applicant for a license is valid for one year from the date the last criminal records check was completed by the bureau of criminal identification and investigation. A new request must be made pursuant to paragraph (A) of this rule if the previous criminal records check is no longer valid.

(C) Pursuant to section 4776.04 of the Revised Code, the results of any criminal records check conducted pursuant to a request made under this rule, and any report containing those results, are not public records for purposes of section 149.43 of the Revised Code and shall not be made available to any person or for any purpose other than the following:

(1) The results may be made available to the Ohio construction industry licensing board for use in determining, in its discretion, whether the individual who is the subject of the check should be issued a license pursuant to 4740.06 of the Revised Code, or;

(2) The results may be made available to the applicant or the applicant's representative.

Effective: 01/01/2009

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 119.03, 4740.04, 4740.061

Rule Amplifies: 109.572, 4740.061, 4776.01, 4776.02, 4776.03, 4776.04

Chapter 4101:16-2 Administrative Section

4101:16-2-01 Continuing education - hours of instruction requirements.

(A) A specialty contractor shall complete ten classroom hours of an approved continuing education course each year to be eligible to apply for the renewal of their license or licenses as follows:

(1) A specialty contractor who holds only one plumbing, hydronics, heating, ventilating, and air conditioning, or refrigeration license pursuant to Chapter 4740. of the Revised Code shall take the required ten hours of continuing education in any course that has been approved by any of the specialty sections;

(2) A specialty contractor who holds only an electrical license pursuant to Chapter 4740. of the Revised Code shall take ten hours of continuing education with at least five hours of electrical code that has been approved by the electrical section and the remaining five hours in any health and safety, business, or technology course approved by the electrical section;

(3) A specialty contractor who holds more than one license in the plumbing, hydronics, heating, ventilating, and air conditioning, or refrigeration trade pursuant to Chapter 4740. of the Revised Code shall take the required hours of continuing education courses in any course that is approved by any of the specialty sections; and

(4) A specialty contractor who holds an electrical contractor's license and any other license or licenses pursuant to Chapter 4740. of the Revised Code shall take five hours of continuing education course in electrical code and the remaining five hours of continuing education shall be in any course that is approved by any of the specialty sections.

(B) A classroom hour consists of at least fifty minutes of contact instruction. The remaining ten minutes shall only be used for the training agency's or instructor's administrative duties or a break. The training agency or instructor shall not accrue the ten minutes to start a course late, end a course early or to allow a longer break.

(C) Continuing education hours obtained by individuals holding a specialty contractor's license pursuant to Chapter 4740. of the Revised Code in excess of the ten hours required each year for the renewal eligibility shall not be transferred to help meet the requirements of the following year.

(D) No individual holding a specialty contractor's license pursuant to Chapter 4740. of the Revised Code will receive credit for more than ten classroom hours of continuing education instruction taken in one calendar day.

(E) Upon application, within one calendar year from the date of expiration of the license or licenses, the appropriate specialty section of the board may waive any portion of the continuing education hours requirement in cases of certified illness, disability, military service, foreign residence, or excusable neglect which prevents the attendance of approved continuing education courses by a person holding a license pursuant to Chapter 4740. of the Revised Code or extend the time for the licensee to complete the required continuing education requirements if the licensee has substantially met the other renewal requirements as set forth in division (D) of section 4740.06 of the Revised Code and rule 4101:16-3-06 of the Administrative Code or demonstrates excusable neglect. Continuing education waivers or extension of time to complete the required continuing education requirements will be determined on a case-by-case basis.

(1) If the appropriate specialty section grants an extension of time to complete the continuing education requirements and the license has expired, such license will not be reissued until the licensee has completed the required continuing education requirements.

(2) For the purposes of this paragraph, "excusable neglect" means any non-reoccurring facts or circumstances outside the control of the contractor that hindered or prevented the contractor from completing the required ten hours of continuing education for renewal of the specialty contractor's license or licenses by the expiration of such license or licenses.

(F) Pursuant to division (D) of section 4740.06 of the Revised Code, if the continuing education requirements are not timely met by an individual holding a specialty contractor's license on or before the expiration date set forth on the license, the license shall be suspended automatically without the taking of any action by the appropriate section or the board's secretary. A suspended license may be reactivated upon application within one calendar year and approval of the appropriate section from the expiration date of the license, provided that the renewal fee plus a late fee, proof of insurance and completion of the required ten hours of continuing education is completed within the time frame pursuant to paragraph (B) of rule 4101:16-3-06 of the Administrative Code. Failure to reactivate the license as provided in this rule shall result in automatic revocation of the license without the taking of any action by the appropriate section or the board secretary.

Effective: 11/15/2007

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.05, 4740.04

Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-2-02 Continuing education requirements - reporting.

(A) An approved training agency shall provide to the appropriate specialty section a roster of all individuals holding a license pursuant to Chapter 4740. of the Revised Code that attended an approved continuing education course or program of instruction and the fees required by division (G)(1)(e) of section 4740.04 of the Revised Code and paragraph (B) of rule 4101:16-1-11 of the Administrative Code. The roster and the required fees must be submitted within fourteen business days of the date of completion of the course or program of instruction. The roster shall be provided to the board on the form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The posting shall contain any information the appropriate section deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in disapproval or non-renewal of a training agency.

(B) An individual holding a license pursuant to Chapter 4740. of the Revised Code that falsifies information pertaining to the completion of the continuing education requirements may be subject to disciplinary action against their contractor's license pursuant to section 4740.10 of the Revised Code and rule 4101:16-4-03 of the Administrative Code.

(C) An approved training agency that fails to notify the board of the date, time and place of the continuing education course/program or falsely reports attendance or falsely reports the number of hours attended by a licensee or completion of an approved continuing education course/program by a licensee may be removed from the approved training agency list maintained by the administrative section or the board's secretary pursuant to rule 4101:16-2-03 of the Administrative Code.

Effective: 01/01/2009

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.05

Prior Effective Dates: 03/24/03, 02/09/04, 04/01/05, 11/15/07

4101:16-2-03 Training agencies.

(A) The administrative section must approve a training agency before that agency may submit requests to the appropriate specialty section to conduct continuing education courses for individuals holding a contractor's license pursuant to Chapter 4740. of the Revised Code.

(B) A training agency shall apply to the administrative section on a form prescribed and furnished by the administrative section with the required fee as set forth in paragraph (B)(3) of rule 4101:16-1-11 of the Administrative Code. The training agency shall provide the following information to the administrative section on the application form prescribed by the administrative section no later than the tenth of each month unless the tenth falls on a Saturday, Sunday or a holiday then such application shall be submitted no later than the next business day. If the training agency fails to submit its application as set forth in this rule, the administrative section may not consider such application at its next regular scheduled meeting.

(1) Name, address, e-mail address and facsimile and telephone number of the training agency;

(2) Name, address, email address and facsimile and telephone number of the owner(s) of the training agency;

(3) Information on whether the owner of the training agency is a local or state inspector and whether the owner's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005;

(4) A description of the purpose of the agency;

(5) Name of the education coordinator;

(6) Information of the accreditation of the training agency;

(7) Policy regarding attendance and procedure for record keeping of attendance;

(8) Acknowledgement that the training agency will adhere to specialty section rules, procedures, and standards as set forth in this rule or rules 4101:16-2-01, 4101:16-2-02, and 4101:16-2-04 of the Administrative Code; and

(9) Any other information that the administrative section deems necessary.

(C) The administrative section or the board's secretary shall maintain a current listing of all approved training agencies that provide continuing education for applicable specialty contractors.

(D) The administrative section shall notify the training agency of its approval or disapproval of the training agency's application within ten business days after the administrative section has reviewed the application.

(E) A training agency is approved for a period of one year.

(F) An approved training agency shall pay the annual fees required pursuant to section 4740.04 of the Revised Code and paragraphs (B)(1) and (B)(2) of rule 4101:16-1-11 of the Administrative Code. Such fees shall be submitted to the Board's secretary with the attendance reports.

(G) A training agency shall file its renewal application for approval not more than sixty days nor less than thirty days prior to the expiration of the previous approval.

(H) No training agency shall advertise or otherwise notify any licensee that a course of study or program of instruction has been approved by the appropriate specialty section until such course or program has been approved. Any advertisement or notification to licensees shall specifically state the appropriate specialty section that has approved the course of study or program of instruction.

(I) Any training agency that fails to comply with this rule or rules 4101:16-2-01, 4101:16-2-02, and 4101:16-2-04 of the Administrative Code may be disapproved or not renewed. Any training that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

Effective: 01/01/2009

 

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.05

Prior Effective Dates: 08/01/93, 09/04/98, 03/24/03, 02/09/04, 04/01/05

4101:16-2-04 Continuing education - course approval.

(A) Continuing education course criteria:

(1) The appropriate specialty sections shall approve a course of study or program of instruction offered for continuing education purposes within the curriculum pursuant to rule 4101:16-2-04 of the Administrative Code only if the training agency has been approved by the administrative section and the training agency submits the nonrefundable fee as set forth in division (G)(1)(e) of section 4740.04 of the Revised Code and paragraph (B)(3) of rule 4101:16-1-11 of the Administrative Code. No training agency may conduct the course of study or program of instruction for credit unless the administrative section has approved that training agency and the course has been approved by the appropriate specialty section;

(2) An application for approval of a course of study or program of instruction for continuing education purposes by an approved training agency shall be submitted to the appropriate specialty section no later than the twentieth day of the month, unless the twentieth falls on a Saturday, Sunday or a holiday then such application shall be submitted no later than the next business day. If the training agency fails to submit its course application as set forth in this rule, the specialty sections may not consider such application at its next regular scheduled meeting. The training agency shall submit its application for a course approval not less than thirty days nor more than one year prior to the date of the course or program offering. No application for a course of study or program of instruction for continuing education shall be approved by the appropriate specialty section unless such course or program meets the curriculum as defined in rule 4101:16-2-04 of the Administrative Code. The application shall be on forms prescribed and furnished by the appropriate specialty section;

(3) An application for a computer-based course of study or program of instruction shall not be approved by the specialty section unless such course or program is conducted in a proctored classroom setting and such application complies with paragraph (A)(4) of this rule. The appropriate specialty section shall not approve an application for correspondence course of study or program of instruction for continuing education.

(4) The appropriate specialty section when acting upon an application for approval of a course of study or program of instruction will consider but not be limited to the following criteria:

(a) The application shall contain the following:

(i) Name, address, e-mail address and facsimile and telephone number of the training agency;

(ii) The policy regarding attendance and the procedure used for record keeping of attendance;

(iii) The date(s), location and time that the course/program will be offered;

(iv) Name, address, e-mail address and facsimile and telephone number, and occupation of proposed instructors;

(v) Resume of the proposed instructors detailing their experience and qualifications and the resume of any alternate proposed instructors;

(vi) The content of the course/program;

(a) Title of the course/program;

(b) Educational objective of the course/program;

(c) Textbooks and student materials prescribed;

(d) Outline or syllabus that contains a brief description of the course/program; and

(e) Duration of time of the course/program.

(vii) Sample of the proposed advertising or written notice;

(viii) Fee for course/program

(ix) A description of the physical facility in which the course or program of instruction is offered; and

(x) Such other information as the appropriate specialty section may request.

(b) The suitability of the physical settings of the programs offered by the training agency;

(c) Demonstrated adherence to specialty section rules, procedures, and standards; and

(d) The electronic and computer capacity of the training agency to provide the appropriate specialty section with attendance information, course information, and any other information the specialty section deems necessary to be received electronically.

(B) Time limits. No course of study or program of instruction will be approved by the specialty sections of the board in which classroom instruction exceeds ten classroom hours of instruction in any one day.

(C) Approval duration. The approval of a course of study or program of instruction shall be limited to one year. Provided that the training agency renews, or the administrative section approves the renewal of a training agency, then the approval of a course of study or program of instruction by that agency shall be valid for one year unless such training agency fails to renew or the administrative section does not approve the renewal of the training agency.

(D) Instructor qualifications. Instructors, seminar and conference leaders, lecturers and others who present materials at a course or program must have five years of full time experience in a profession, trade, or technical occupation in the subject matter being taught. In addition, no continuing education course will be approved if an instructor of a proposed course is a local or state inspector and the instructor's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005.

(E) Upon approval of a course of the study or program of instruction by the appropriate specialty section, the section shall notify the training agency of the approval.

(F) An instructor may receive continuing education credit for the number of unduplicated subject matter hours he instructs.

(G) An approved training agency shall provide the appropriate specialty section with a roster of attendees of a provided course or program within fourteen business days of completion of the course or program. The roster shall be provided to the appropriate specialty section by a posting on the Ohio construction industry licensing board website in a manner and form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The posting shall contain any information the appropriate section deems appropriate.

(H) An approved training agency shall notify the appropriate specialty section in writing, within fourteen business days of the date of an approved course offering, of any cancellation, changes to the course date or any change in the time, or location, of a course of program. If the training agency is proposing to change the content of a course or program or an approved instructor with an instructor that has not been approved for the course or program the training agency shall comply with paragraph (K) of this rule before such course or program shall be offered.

(I) Any member of the Ohio construction industry licensing board or their designees may attend a course or program being offered by an approved training agency in order to determine whether the course or program is being conducted in accordance to approved guidelines and procedures established in this section.

(J) Any training agency that fails to comply with this rule or rules 4101:16-2-01, 4101:16-2-02, and 4101:16-2-04 of the Administrative Code may be disapproved or not renewed. Any training agency that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

(K) If the change to the approved course/program materially alters the contents of the course/program initially approved by the specialty section, or if an approved instructor(s) are not available to teach the course or program the training agency shall not hold that course/program until the training agency receives approval for the changes from the appropriate specialty section.

Effective: 01/01/2009

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.05

Prior Effective Dates: 08/01/93, 09/04/98, 03/24/03, 02/09/04, 04/01/05, 11/15/07

Chapter 4101:16-3 Examinations; Continuing Education; Adjudication Hearings

4101:16-3-01 Examinations for license: definitions.

For purposes of this chapter

(A) "Engineer" means an individual that has a certificate of registration pursuant to chapter 4733. of the revised code.

(B) "Tradesperson" has the same meaning as in section 4740.01 of the revised code.

(C) "Construction industry" means an area of business involved with "construction projects" as defined in section 4740.01 of the revised code.

(D) "Business experience" means at least three years of business experience in the construction industry.

Eff 3/24/03; 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.01, 4740.05, 4740.06

R. C. 119.032 review dates: 01/14/2005 and 04/01/2010

4101:16-3-02 Qualifications to take licensing examination.

In order to qualify to take an examination for a license issued by the appropriate specialty section, an individual must meet all of the following requirements:

(A) Make application with the appropriate specialty section pursuant to rule 4101:16-3-03 of the Administrative Code;

(B) Be at least eighteen years of age;

(C) Be a citizen of the United States of America or provide documentation to demonstrate that the individual is a legal resident alien of the United States;

(D) Not have been convicted of or pleaded guilty to a misdemeanor involving moral turpitude or of any felony;

(E) Not violated any provisions of Chapter 4740. of the Revised Code, or any rule adopted pursuant to that chapter;

(F) Not obtained or renewed a license issued pursuant to Chapter 4740. of the Revised Code by fraud, misrepresentation, or deception;

(G) Not engaged in fraud, misrepresentation, or deception in the conduct of business; and

(H) Have been either:

(1) A tradesperson with at least five years of experience in the trade applying for immediately prior to the date the application is filed. Credit may be given for time in active military service to meet this requirement. Pursuant to rule 4101:16-3-02 of the Administrative Code, the tradesperson shall provide the appropriate specialty section with documentation demonstrating that the individual has spent a majority of the required employment period as a tradesperson;

(2) A currently registered engineer in the state of Ohio with three years of business experience in the construction industry trade for which they are applying to take the examination;

(3) Have other experience acceptable to the section of the board that authorizes issuance of the type of license sought.

(a) Such acceptable experience shall include:

(i) Five years of experience in the licensed trade for which the individual is applying, if such experience is not during the five years preceding the application. The experience may be on projects both commercial and residential in nature.

(a) Three years of the five years of experience must be obtained by performing construction work on commercial or residential projects in the licensed trade for which the individual is applying;

(b) Education programs, other than an apprentice program approved by the state of Ohio, may be submitted in lieu of work experience by the applicant up to a maximum of one year of the five years of experience necessary;

(c) An engineer not currently registered in the state of Ohio must have at least five years of business experience in the construction industry in the licensed trade for which application is made;

(d) Experience doing maintenance or repair work to be considered as applicable to the five years experience must be maintenance and repair work done on construction projects in the licensed trade for which the individual is applying and subject to the rules promulgated by the Ohio board of building standards pursuant to Chapter 3781. of the Revised Code; all other maintenance and repair experience on projects or structures not subject to the rules of the Ohio board of building standards promulgated pursuant to Chapter 3781. of the Revised Code shall not be considered applicable experience.

(e) The individual shall provide documentation such as local licenses or registrations, permits obtained, pay stubs, W-2’s, signed contracts, invoices, or verification of employment on company letterhead demonstrating that the applicant has spent a majority of his time during the five year experience period in the licensed trade for which the individual is applying; or

(ii) Five years experience as an Ohio government inspector in the trade for which the individual is applying.

(b) Such acceptable experience shall not include:

(i) Job experience in the construction industry as an inventory worker, counter salesperson, manufacturer representative, purchasing agent, secretary, clerk, or bookkeeper.

(ii) General contractor experience that is not directly related to the trade for which the individual is applying.

Effective: 12/24/2009

R.C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.05, 4740.06

Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05, 11/15/07

4101:16-3-03 Application procedures for taking licensing examination.

(A) Any individual who desires to take the examination for a specialty contractor's license issued pursuant to Chapter 4740. of the Revised Code shall file a completed written application with the appropriate specialty section. The application shall be on a form prescribed and furnished by the appropriate specialty section. A fee of twenty-five dollars must be submitted with the application. The submitted application must be notarized and filed with the secretary of the board not more than sixty days or less than thirty days prior to the date of the examination.

(B) An appropriate specialty section may decide, upon a majority vote of the section, that additional information, records, or documentation is needed in order to determine the qualifications of the applicant. Upon that determination, the chairperson of the appropriate specialty section may direct the board's secretary to request the applicant provide additional information in a manner the section deems appropriate.

(C) An applicant who has been approved to take the examination for a contractor's license by the appropriate specialty section shall be notified in writing of the approval. The notification shall include a schedule of test dates and information pertaining to the testing agency authorized to administer the test. The notification shall be sent to the applicant in such a manner that the applicant will receive the notification within a reasonable time prior to the scheduled date of the examination. The approval to take the examination shall be effective for one year. An applicant who fails to take the examination within one year from the date approved shall submit a new application in accordance with this rule.

(D) An applicant, upon notification by the appropriate specialty section of the approval of the application, shall make application to take the examination with the approved testing agency designated on the notification. The approved testing agency shall be responsible for all costs associated with the design, preparation, administration, and scoring of the examination. The approved testing agency may charge a fee to the applicant for those expenses associated with the examination as approved by the administrative section or set forth in contract.

(E) An applicant whose application to take the examination has been denied by the appropriate specialty section shall be notified in writing of the denial and the applicant's right to an adjudication hearing pursuant to rule 4101:16-4-04 of the Administrative Code.

Eff 3/24/03; 2/9/04; 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.04, 4740.05, 4740.06 R. C. 119.032 review dates: 01/14/2005 and 04/01/2010

4101:16-3-04 Examinations.

(A) The administrative section of the board shall schedule the examinations, as directed by the appropriate specialty sections, for individuals seeking a contractor's license and who have been approved to take an examination by the appropriate specialty sections. The examination for each trade shall be scheduled at least four times a year. The examinations shall be held in Columbus, Ohio or any other location the administrative section or the approved testing agency deems necessary. The approved applicant shall schedule the date of the examination with the approved testing agency. The administrative section or its designees may monitor the administration of the examination.

(B) The administrative section, in consultation with the appropriate specialty section and the approved testing agency shall provide a written examination consisting of two parts for applicants seeking a license pursuant to Chapter 4740. of the Revised Code. The two parts shall consist of: one part that is specific to the specialty trade to which the applicant has applied, and one part of business and law. The appropriate specialty section may, upon the request of an applicant, permit oral examinations comparable to the written examinations, if the section determines that an applicant's ability to perform during written examinations is substantially impaired for any identifiable reason. The appropriate specialty section or the approved testing agency may, upon request of an applicant, permit examinations in other than the English language, if the section determines that the applicant's ability to perform is substantially impaired due to a lack of fluency in the English language.

(C) Prior to the examination, each applicant will be given printed instructions pertaining to the examination. Failure to comply with those instructions may be cause for expulsion from the examination. Applicants shall not be permitted to converse with other applicants during the examination.

(D) An applicant that has attained a score of seventy percent on each part of the examination shall be deemed to have satisfactorily passed the examination. Once an applicant has passed both parts of the examination, the business and law part shall be deemed a passing score for a period of three years from the date the license is issued, in the event that the applicant applies and is approved by the appropriate specialty section to sit for another examination pursuant to Chapter 4740. of the Revised Code.

(E) The examinations shall be initially scored by the authorized testing agency. After the initial scoring has been completed, the appropriate specialty section shall verify final scores. After verifying the final scores , the appropriate specialty section shall approve the applicants who have successfully passed both parts of the written examination.

(F) Each individual taking the examination shall be notified in writing whether the individual passed or failed one or both parts of the examination. The notification shall be made within a reasonable amount of time after the completion of the scoring process pursuant to paragraph (E) of this rule.

(G) Any applicant that fails to satisfactorily pass any part of the examination may retake the part of the examination that the applicant failed on the next regularly scheduled examination date upon payment of the appropriate fee to the authorized testing agency. Any applicant that fails to pass both sections of the written examination within one calendar year from the date the applicant was approved to take the examination, the approval to take the written examination shall automatically expire without the taking of any action by the appropriate section or the board's secretary.

Effective: 11/15/2007

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.04, 4740.05

Rule Amplifies: 4740.04, 4740.05, 4740.06

Prior Effective Dates: 10/15/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-3-05 Issuance of licenses to successful applicants.

(A) After an appropriate specialty section approves the results of the examinations pursuant to rule 4101:16-3-04 of the Administrative Code, the section shall, within thirty days of the date of examination, authorize the administrative section to issue a license to each individual that passed the examination.

(B) The administrative section, upon receipt of the following, may issue a license to each designated and authorized applicant:

(1) authorization from the appropriate specialty section to issue a license pursuant to paragraph (A) of this rule;

(2) receipt of the appropriate fee;

(3) proof of the required insurance pursuant to rule 4101:16-1-11 of the Administrative Code; and

(4) receipt of a completed criminal record check performed pursuant to rule 4101:16-1-14 of the Administrative Code.

The issuance of a license by the administrative section is contingent upon the Ohio construction industry licensing board having determined, in its discretion, whether the result of the criminal records check makes the applicant ineligible for a license.

(C) The contractor license issued to an applicant that successfully passed the examination shall contain the following information:

(1) Date of expiration of the license;

(2) Signatures of the chairperson of the administrative section and secretary of the board;

(3) A license number assigned only to the licensee;

(4) The name of the licensee and if assigned to a business, the name of the company to which the license is assigned; and

(5) The type of specialty license.

Effective: 01/01/2009

R.C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.04, 4740.05, 4740.06, 4740.061, 4776.01, 4776.02, 4776.03, 4776.04

Prior Effective Dates: 08/01/93, 09/04/98, 03/24/03, 02/09/04, 04/01/05

4101:16-3-06 Renewal of license.

(A) The appropriate specialty section upon receipt of a completed application shall renew a license if the person holding a valid license renews such license in accordance with rule 4101:16-1-10 of the Ohio Administrative Code and the licensee demonstrates that the licensee continues to meet the qualifications set forth in section 4740.06(B) of the Ohio revised code and if the licensee meets all the following renewal requirements:

(1) Provides evidence that the licensee has maintained at least five hundred thousand dollars in contractor liability insurance;

(2) Pays the renewal fee as set forth in rule 4101:16-1-11 of the Administrative Code; and

(3) Complies with the continuing education requirements as set forth in rule 4101:16-2-01 of the Administrative Code. If the licensee fails to meet the renewal requirements, the license shall automatically be suspended without the taking of any action by the appropriate specialty section or the board's secretary. A suspended license may be reactivated upon application within one calendar year and approval of the appropriate section from the expiration date of the license, provided that the renewal fee plus a late fee, proof of insurance and completion of the required ten hours of continuing education is completed within the time frame pursuant to rule 4101:16-3-06(B). Failure to reactivate the license as provided in this rule shall result in automatic revocation of the license without the taking of any action by the appropriate section or the board secretary.

(B) Within one calendar year after the expiration of the specialty contractor's license, a A licensee who fails to timely renew his/her license may file an application for a late renewal to the appropriate specialty section. The appropriate specialty section may allow a licensee to renew late if the licensee demonstrates that the licensee continues to meet the requirements of section 4740.06(B) of the Ohio revised code and complies with all of the following:

(1) Pays the renewal fee and any late fee assessed pursuant to rule 4101:16-1-11 of the Administrative Code;

(2) Provides evidence of at least five hundred thousand dollars in contractor liability insurance;

(3) Complies with the continuing education requirements as set forth in rule 4101:16-2-01 of Administrative Code; and

(4) Complies with the time frame set by the appropriate specialty section. If the specialty sections grants a late renewal, the license will not become valid until the licensee has complied with the terms and conditions established by the appropriate specialty section.

(C) If the appropriate specialty section denies the renewal or late renewal request of a licensee under Chapter 4740. of the Revised Code, the appropriate specialty section shall notify the person in writing and such notification shall state that the person may request an adjudication hearing pursuant to rule 4101:16-4-04 of the Administrative Code and section 119.07 of the Revised Code.

Eff 3/24/03; 2/9/04; 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.05, 4740.06

Rule Amplifies: 4740.05, 4740.06 R. C. 119.032 review dates: 01/14/2005 and 04/01/2010

Chapter 4101:16-4 Discipline

4101:16-4-01 Investigations of complaints; time limitation.

(A) A person who wishes to make a complaint against an individual who holds a license or a person who is not licensed but acting as or claiming to be licensed pursuant to Chapter 4740. of the Revised Code shall submit a signed complaint in writing to the appropriate specialty section. The appropriate specialty section shall act only on written complaints that are signed by the complainant and that are received within three years after the date of action or event upon which the complaint is based.

Eff 3/24/03; 2/9/04; 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.04, 4740.05, 4740.10 R. C. 119.032 review dates: 01/14/2005 and 04/01/2010

4101:16-4-02 Complaint review.

(A) The appropriate specialty section or its designee shall determine whether a signed written complaint is of sufficient nature to warrant an investigation. If after review and investigation, a majority of the members of the appropriate specialty section determine that the complaint presents an event or action that may result in disciplinary action or any other appropriate action against the licensee, the section shall direct the secretary to schedule an adjudication hearing pursuant to rule 4101:16-4-04 of the Administrative Code.

(B) The appropriate specialty section or its designee shall investigate all signed written complaints against an individual who does not hold a valid and unexpired license pursuant to Chapter 4740. of the Revised Code, but who is acting as a specialty contractor in violation of Chapter 4740. of the Revised Code and the rules promulgated thereunder. The appropriate specialty section shall determine, after reviewing the complaint , whether the complaint or allegation has merit and whether the complaint is of such nature as to warrant section action. If, after review and investigation, a majority of the members of the specialty section determine that a violation of Chapter 4740. of the Revised Code has occurred, the section may request the attorney general to file a civil action in the appropriate county court of common pleas where the unlicensed person resides or where the unlicensed person is acting as a specialty contractor for a temporary restraining order or permanent injunction or other appropriate equitable relief to enjoin the unlicensed person from violating Chapter 4740. of the Revised Code and the rules promulgated thereunder.

(C) After a review and investigation, the appropriate specialty section may file a complaint against an unlicensed person with the appropriate municipal prosecutor for criminal charges pursuant to section 4740.99 of the Revised Code.

Effective: 11/15/2007

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.05, 4740.10, 4740.13

Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-4-03 Criteria for disciplinary action against a licensee.

(A) The appropriate specialty sections may suspend, revoke, or refuse to issue any license, impose additional continuing education hours or fine an applicant or licensee or any combination thereof upon a finding by the appropriate specialty section that the applicant or licensee has done any of the following:

(1) Been found guilty of a misdemeanor involving moral turpitude;

(2) Been found guilty of a felony;

(3) Violated any provisions of Chapter 4740. of the Revised Code;

(4) Violated any rules adopted pursuant to Chapter 4740. of the Revised Code;

(5) Obtained or attempted to obtain a license or a renewal of such license pursuant to Chapter 4740. of the Revised Code by means of fraud, deception or misrepresentation;

(6) Obtained an order, ruling, or authorization from any section of the Ohio construction industry licensing board by means of fraud or misrepresentation;

(7) Engaged in fraud, misrepresentation, or deception in the conduct of business;

(8) Transferred the person's license to another person without the approval of the appropriate specialty section;

(9) Allowed the person's license to be used by an unlicensed person or entity;

(10) Failed to comply with the disciplinary sanction imposed by the appropriate specialty section; and

(11) Upon notice to the appropriate specialty section that a municipality or any other governmental agency has suspended or revoked a registration of an individual or entity holding a license pursuant to Chapter 4740. of the Revised Code.

(12) Failure to maintain insurance throughout the license year, unless the license has properly been placed in an inactive status.

(B) The appropriate specialty sections shall direct the administrative section to refuse to issue any license upon a finding by the appropriate specialty section that the applicant has done any of the following:

(1) Been found guilty of a misdemeanor involving moral turpitude;

(2) Been found guilty of a felony;

(3) Had another person take the required examination for the applicant; or

(4) Failed to pass the required examination.

(C) The appropriate specialty section shall hold an adjudication hearing to determine whether a license is to be revoked or suspended or whether the licensee shall be fined or ordered to complete additional continuing education courses or any combination thereof. The appropriate specialty section shall notify the licensee in writing of its order.

(D) A licensee adversely affected by an adjudication order issued pursuant to this rule shall have a right of appeal pursuant to section 119.12 of the Revised Code.

Effective: 11/15/2007

R. C. 119.032 review dates: 04/01/2010

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.04, 4740.05, 4740.10

Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 2/16/04, 4/1/05

4101:16-4-04 Adjudication hearings.

The appropriate specialty section shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Ohio Revised Code.

(A) Prior to the denial, revocation, imposition of a fine or additional continuing education courses or suspension, or a combination thereof of a license issued pursuant to Chapter 4740. of the Revised Code, the appropriate specialty section shall notify the licensee or applicant of their right to request a hearing on the proposed action. The notice shall be in writing and sent by certified mail, return receipt requested.

(B) The notice shall include:

(1) The charges or reasons for the proposed action;

(2) The applicable laws or rules directly involved; and

(3) A statement informing the licensee or applicant that:

(a) The licensee or applicant is entitled to a hearing if requested within thirty days of the date the notice was mailed;

(b) The licensee or applicant may appear in person or be represented by an attorney;

(c) The licensee or applicant may choose to present their position, argument, or contentions in writing; and

(d) The licensee or applicant may present evidence, and examine witnesses appearing on the licensee or applicant's behalf and cross-examine the appropriate specialty section's witnesses at the hearing.

(C) Upon receiving a written request for hearing from the licensee or applicant, the section or its designee shall immediately set the date, time, and location of the hearing. The date set for hearing shall be within seven and fifteen days of receiving the request for hearing, unless continued by the section or its designee on its own motion or continued by agreement of both parties.

(D) The appropriate specialty section or the secretary of the board may issue subpoenas for any witnesses or to compel the production of any books, records, or papers in accordance with section 119.09 of the Ohio Revised Code upon request of the licensee, applicant, a member of the board, or legal counsel to the board. Such request for subpoenas shall be made no later than fourteen days prior to the date of the adjudication hearing. The service and enforcement of subpoenas shall be made in accordance with section 119.09 of the Ohio Revised Code.

(E) A licensee or representative of the licensee may request a continuance of the scheduled hearing by submitting a written request no later than fourteen days prior to the scheduled hearing date. The appropriate section or the board secretary may grant a continuance upon good cause.

(F) All adjudication hearings shall be conducted in accordance with the procedures described in section 119.09 of the Ohio Revised Code.

(G) Following an adjudication hearing in which an order to revoke, suspend or deny a license, or to impose a fine or additional continuing education or any combination thereof is entered in the appropriate specialty section's records, the appropriate specialty section shall notify the administrative section of this action. The administrative section or the board secretary shall serve upon the affected individual the order of the appropriate specialty section. The order shall include notification to the adversely affected individual of the right to appeal the decision of the section to the court of common pleas as provided in section 119.12 of the Revised Code. The notice of the order shall be served by certified mail, return receipt requested.

Replaces: former 4101:16-2-06 in part; Eff 8-1-93; 9-4-98; 3-24-03; 2-9-04; 4-1-05

Promulgated Under: 119.03

Statutory Authority: 4740.05

Rule Amplifies: 4740.04, 4740.05, 4740.10

 

4101:16-4-05 Inactive status license. [Rescinded]

Rescinded eff 4-1-05