reglab/housing_qa huggingface dataset:
59 OK Stat § 59-858-623 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-623. Exemptions.

|A. On and after July 1, 2003, it shall be unlawful for an individual to conduct, for compensation, a home inspection or to advertise or otherwise hold themselves out to be in the business of home inspection in this state unless licensed pursuant to the Home Inspection Licensing Act. |B. The Home Inspection Licensing Act shall not apply to:1. Individuals inspecting new residential construction;2. Licensed architects engaged in the practice of architecture as defined and regulated by Section 46.1 et seq. of this title;3. Individuals holding other occupational licenses who only do home inspections within the occupational confines of that license;4. Government employees who perform inspections when acting within the scope of their employment; or5. Persons regulated by the State Board of Agriculture who issue wood infestation reports as defined in Section 3-81 of Title 2 of the Oklahoma Statutes.C. Any single-item inspection requested by a client, whether or not the item to be inspected is specifically included or excluded in the definition of home inspection pursuant to Section 858-622 of this title, may be performed by a professional craftsman whose expertise is in the specific area or by persons qualified by education or training to conduct that specific inspection. If a single-item that has been requested for inspection is an area of expertise that is licensed by the state, then that person conducting the inspection shall be licensed in respect to that particular area.Added by Laws 2001, c. 423, § 3, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 1, emerg. eff. June 5, 2002; Laws 2004, c. 241, § 1, eff. Nov. 1, 2004; Laws 2009, c. 140, § 1, eff. Nov. 1, 2009.
59 OK Stat § 59-858-624 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-624. Committee of Home Inspector Examiners.

|A. There is hereby created the Committee of Home Inspector Examiners under the authority of the Construction Industries Board, which shall consist of seven (7) members who have been residents of this state for at least three (3) years prior to their appointment. Each member shall be appointed by the Governor with the advice and consent of the Senate. Appointments shall be made so that not more than two members shall, at the time an appointment is made, be residents of the same congressional district; provided, no member shall be removed from office due solely to a reduction in the number of congressional districts. |B. Of the seven members:1. Four of the initial appointees shall hold memberships in a state or national housing inspection association or foundation. After expiration of the terms of the initial appointees, four members shall be licensed home inspectors who are active full time in the practice of making home inspections, two or more of whom shall hold membership in an association that certifies home inspectors in this state;2. One shall be a licensed real estate broker who is active full time in the real estate brokerage business;3. One shall be a licensed real estate appraiser who is active full time in the real estate appraisal business; and4. One shall be a lay person who is not involved in the property business, including, but not limited to, the leasing of commercial or residential property, and is not in the real estate business or home inspection business.C. Initially, three members shall be appointed for a term to expire June 30, 2003; two members shall be appointed for a term to expire June 30, 2004; and two members shall be appointed for a term to expire June 30, 2005. Thereafter, all terms shall be three-year terms ending June 30.D. Members shall serve until their successors are appointed and qualified. Vacancies shall be filled for the balance of an unexpired term by appointment of the Governor. Members may be removed by the Governor for good cause.E. Members shall elect officers annually. The chair, or in the absence of the chair, the vice-chair, shall preside at all meetings of the Committee and shall perform such duties as the Committee shall prescribe. The Committee shall meet at least semiannually, and special meetings may be called by the chair or the designee of the chair. Four members shall constitute a quorum.F. Members shall serve without compensation but shall be reimbursed in accordance with the State Travel Reimbursement Act.G. Personnel and administrative support necessary for the Committee to exercise its powers and accomplish its duties shall be provided by the Construction Industries Board.Added by Laws 2001, c. 423, § 4, eff. Nov. 1, 2001. Amended by Laws 2007, c. 188, § 21, eff. Nov. 1, 2007; Laws 2008, c. 405, § 2, emerg. eff. June 3, 2008; Laws 2013, c. 43, § 1, eff. Nov. 1, 2013.
59 OK Stat § 59-858-625 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-625. Fees.

|Fees for the Home Inspection Licensing Act shall not exceed the following: |Approval fees for schools, instructors and home inspection organizations$100.00Approval fees for educational course content$50.00Application for license$30.00Licensure for reciprocity$50.00Examination fee$200.00License fee$250.00License renewal$150.00License reactivation$50.00Added by Laws 2001, c. 423, § 5, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 2, emerg. eff. June 5, 2002.
59 OK Stat § 59-858-626 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-626. Home Inspection Licensing Act Revolving Fund.

|There is hereby created in the State Treasury a revolving fund for the Construction Industries Board, to be designated the "Home Inspection Licensing Act Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board pursuant to the Home Inspection Licensing Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of implementing and enforcing the Home Inspection Licensing Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. |Added by Laws 2001, c. 423, § 6, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 3, emerg. eff. June 3, 2008; Laws 2012, c. 304, § 270.
59 OK Stat § 59-858-627 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-627. Rule promulgation - Disciplinary measures - Injunctive relief and restraining orders.

|A. The Committee of Home Inspector Examiners shall advise the Construction Industries Board in promulgating rules consistent with the purposes of the Home Inspection Licensing Act. |B. The Construction Industries Board shall promulgate rules including, but not limited to:1. Qualifications and examinations for licensure of home inspectors;2. License renewal requirements;3. Reinstatement of license after suspension or revocation of license or failure to meet license renewal requirements;4. Continuing education;5. Standards of practice and prohibited acts;6. Approval of schools, educational course content, instructors, and organizations offering courses of study for home inspection;7. Standards required for schools, instructors, and organizations to remain approved;8. Approval fees;9. Reciprocity agreements whereby home inspectors licensed in other states with equal or greater licensure requirements may be licensed in this state, and fee for licensing by reciprocity; and10. Investigative procedures.C. Upon showing of good cause as provided for in the Home Inspection Licensing Act, the Board shall discipline licensees, approved instructors, approved schools, and educational organizations by:1. Issuing reprimands;2. Requiring probation for a specified period of time;3. Requiring education in addition to the educational requirements provided for licensure or continuing education;4. Suspending licenses or approvals;5. Rescinding or revoking licenses or approvals;6. Imposing administrative fines as provided for by the Home Inspection Licensing Act;7. Any combination of disciplinary measures as provided by paragraphs 1 through 6 of this subsection; and8. Upon showing of good cause, may modify any disciplinary action imposed pursuant to the provisions of the Home Inspection Licensing Act.D. The Committee may advise the Board to seek injunctive relief and restraining orders for violations of the Home Inspection Licensing Act or the rules promulgated pursuant thereto to cause the prosecution of any person who violates any of the provisions of the Home Inspection Licensing Act or the rules promulgated pursuant thereto.E. In the exercise of all powers and the performance of all duties provided in the Home Inspection Licensing Act, the Committee and the Board shall comply with the Administrative Procedures Act, the Oklahoma Open Meeting Act, and the Oklahoma Open Records Act.Added by Laws 2001, c. 423, § 7, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 4, emerg. eff. June 3, 2008.
59 OK Stat § 59-858-628 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-628. Home inspection instruction.

|A. The Committee of Home Inspector Examiners shall not approve any school of home inspection instruction until it has received and examined the curriculum, syllabi or program of instruction of the school or organization conducting or offering the instruction. |B. Nothing in the Home Inspection Licensing Act shall be construed as relieving a school of home inspection from responsibility for compliance pursuant to law with the requirements of any other agency.Added by Laws 2001, c. 423, § 8, eff. Nov. 1, 2001.
59 OK Stat § 59-858-629 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-629. Home inspector examination - Application and qualifications - Issuance of license.

|A. Any individual eighteen (18) years of age or older who has successfully completed ninety (90) clock hours of home inspection training or its equivalent as determined by the Committee of Home Inspector Examiners may apply to take a home inspector examination. Application shall be made on forms prescribed by the Construction Industries Board, shall contain information as required by the Construction Industries Board upon advisement of the Committee, and shall be accompanied by evidence of successful completion of the required training. Examinations may be held in vocational and technical schools or in other locations as determined by rule. |B. If, from the application filed, answers to inquiries, complaints, or information received, or investigation, it appears to the Board that the applicant is not qualified, the Committee shall deny approval of the application and shall give notice of that fact to the applicant.C. Upon approval of the application and the payment of the applicant of an examination fee, the applicant shall be scheduled to appear in person for an examination on the subjects prescribed by the Committee.D. If the Board determines that the applicant has successfully passed the examination or an equivalent examination as determined by the Committee, the Board shall, upon the payment of the license fee and submission of other documents as required by the Home Inspection Licensing Act or rules promulgated pursuant to the Home Inspection Licensing Act, issue to the applicant a license which shall authorize the applicant to perform home inspections.Added by Laws 2001, c. 423, § 9, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 3, emerg. eff. June 5, 2002; Laws 2008, c. 405, § 5, emerg. eff. June 3, 2008; Laws 2009, c. 140, § 2, eff. Nov. 1, 2009; Laws 2019, c. 363, § 36, eff. Nov. 1, 2019.
59 OK Stat § 59-858-630 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-630. Documentation and fees - Issuance, renewal and reactivation of license - Insurance.

|To be licensed as a home inspector, or to renew or reactivate a license, an applicant shall submit to the Construction Industries Board such documents and fees as are required by the Home Inspection Licensing Act or the rules promulgated pursuant thereto and shall provide evidence of having secured a certificate of general liability insurance in the amount required by rule. The amount of the certificate of general liability insurance required shall not be less than Fifty Thousand Dollars ($50,000.00). |Added by Laws 2001, c. 423, § 10, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 6, emerg. eff. June 3, 2008.
59 OK Stat § 59-858-631 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-631. License term - Continuing education requirement - Inactive status.

|A. The license term for a home inspector shall be one (1) year. The license shall expire twelve (12) months from the date of issuance. The license fee and each renewal or reactivation thereafter shall be payable in advance, which shall not be refundable. |B. As a condition of license renewal or reactivation, each home inspector shall submit to the Construction Industries Board evidence of having attended eight (8) clock hours of continuing education within the twelve (12) months immediately preceding the term for which the license is to be issued. Except as otherwise provided for in this section, the Board shall not issue a renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.C. Any licensee who fails to renew before the license expiration date shall be required to submit to such additional requirements or penalties, or both, as the Board may require pursuant to rule.D. The Construction Industries Board may place the license of a home inspector on inactive status when the licensee gives sufficient reason; however, such status shall not relieve the licensee from paying the required fees. Continuing education shall not be required during the period a license is on inactive status. Prior to the license being placed on an active status, the licensee shall be required to complete the eight-hour continuing education requirement. If the holder of the inactive license has been in the military service during the entire time of inactive license status, only eight (8) clock hours of continuing education and the license fee shall be required for the reactivation of the license.Added by Laws 2001, c. 423, § 11, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 7, emerg. eff. June 3, 2008; Laws 2009, c. 140, § 3, eff. Nov. 1, 2009.
59 OK Stat § 59-858-632 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-632. Criminal actions - Injunctions or restraining orders.

|A. In addition to any other penalties provided by law, any individual unlicensed pursuant to the Home Inspection Licensing Act who shall willfully and knowingly violate any provision of the Home Inspection Licensing Act shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. |B. In addition to any civil or criminal actions authorized by law, the Attorney General, or a district attorney may apply to the district court in the county in which a violation of the Home Inspection Licensing Act has allegedly occurred for an order enjoining or restraining the unlicensed individual from continuing the acts specified in the complaint. The court may grant any temporary or permanent injunction or restraining order, without bond, as it deems just and proper.Added by Laws 2001, c. 423, § 12, eff. Nov. 1, 2001.
59 OK Stat § 59-858-634 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-634. Administrative fines.

|A. The Committee may impose administrative fines on any licensee licensed pursuant to the Home Inspection Licensing Act. Fines may be imposed as follows: |1. Any administrative fine imposed as a result of a violation of the Home Inspection Licensing Act or rules promulgated pursuant thereto shall not:a.be less than Two Hundred Dollars ($200.00) and shall not exceed Two Thousand Dollars ($2,000.00) for each violation, orb.exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single inspection;2. All administrative fines shall be paid within thirty (30) days of written notification to the licensee of the order imposing the administrative fine or, if the licensee appeals the fine, within thirty (30) days of the decision of the Construction Industries Board in favor of the action of the Board unless the district court stays the order of the Board pending an appeal pursuant to the Administrative Procedures Act;3. The Board may suspend the license until any fine imposed upon the licensee is paid; and4. If fines are not paid in full by the licensee as required by this subsection, the Board shall revoke the license.B. The administrative fines authorized by this section may be imposed in addition to any other criminal penalties or civil actions provided for by law.Added by Laws 2001, c. 423, § 14, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 9, emerg. eff. June 3, 2008.
59 OK Stat § 59-858-700 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-700. Short title.

|This act shall be known and may be cited as the "Oklahoma Certified Real Estate Appraisers Act". |Added by Laws 1990, c. 327, § 1, emerg. eff. May 31, 1990.
59 OK Stat § 59-858-701 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-701. Legislative intent - Purpose of act.

|It is the intent of the Legislature to develop a real estate appraiser certification process which meets the federal guidelines set forth in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. The purpose of the Oklahoma Certified Real Estate Appraisers Act is to provide appraisers within the state a process for certification which will allow them to participate in a federally related transaction and real estate-related financial transactions of the agencies, instrumentalities and federally recognized entities as defined and recognized in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. It is not the intent of this legislation to prevent any person who is currently conducting business as an appraiser from continuing such action unless such action involves a federally related transaction or a real estate-related financial transaction as defined in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. |Added by Laws 1990, c. 327, § 2, emerg. eff. May 31, 1990. Amended by Laws 1996, c. 318, § 6, eff. July 1, 1996.
59 OK Stat § 59-858-702 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-702. Application of act.

|A. This act shall only apply to: |1. Any appraisal or appraiser involving the following:a.a federally related transaction,b.real estate-related financial transactions of the agencies, instrumentalities, and federally recognized entities covered by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, andc.any real estate-related transactions where an appraisal report was made under a written agreement that the appraisal report would follow the Uniform Standards of Professional Appraisal Practice guidelines or where a written appraisal states that it is in compliance with the Uniform Standards of Professional Appraisal Practice; and2. Appraisers certified or licensed pursuant to the Oklahoma Certified Real Estate Appraisers Act or representing themselves as such, whether such license or certification is active, inactive, expired, suspended, or revoked as set forth in this act and the rules and regulations promulgated pursuant thereto, to the extent that the appraisers and any real property valuation and any real property valuation activity performed by them shall conform to the code of ethics as set forth in this act.B. Certified public accountants, licensed in the states or other U.S. jurisdictions, who perform appraisals of real estate incidental to the performance of professional services they provide to clients are excluded from the licensing and certification provisions of the Oklahoma Certified Real Estate Appraisers Act unless the appraisal is a federally related transaction or a real estate-related financial transaction of the agencies, instrumentalities and federally recognized entities covered by the Financial Institutions, Reform, Recovery and Enforcement Act of 1989.Added by Laws 1990, c. 327, § 3, emerg. eff. May 31, 1990. Amended by Laws 1996, c. 318, § 7, eff. July 1, 1996; Laws 2006, c. 165, § 1, eff. Nov. 1, 2006.
59 OK Stat § 59-858-704 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-704. Use of term "state certified" – Injunctive proceedings.

|A. No person, other than a trainee, state licensed, state certified residential or state certified general real estate appraiser, shall assume or use that title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser by this state. A person who is not certified pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act shall not describe or refer to any appraisal or other evaluation of real estate located in this state by using the term "state certified". |B. Violation of subsection A of this section, including using or attempting to use the seal, certificate, or license of another as their own, or falsely impersonating any duly licensed appraiser, or using or attempting to use an inactive, expired, suspended, or revoked license, is declared to be adverse to the public welfare, to constitute a public nuisance, and to cause irreparable harm to the public welfare. The Real Estate Appraiser Board, through the Attorney General, or the local district attorney may maintain an action for injunctive relief in the district court in the county in which a violation of this section is alleged to have occurred to enjoin any person from engaging in such practice.C. Upon the filing of a verified petition in a district court, the court, if satisfied by affidavit or otherwise that a person has been engaged in the practice of real estate appraisal without a valid license, may enter a temporary restraining order without notice or bond enjoining the defendant from further practice. The showing of the absence of a valid, active, unexpired license, by affidavit or otherwise, is sufficient for the issuance of a temporary injunction. If it is established that the defendant has been or is engaged in violation of subsection A of this section, the court may enter an order or judgment perpetually enjoining the defendant from further unlawful acts. In all proceedings under this section, the court, in its discretion, may apportion the costs among the parties interested in the action, including the cost of filing the complaint, service of process, witness fees and expenses, court-reported charges, and reasonable attorney fees. These injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in the Oklahoma Certified Real Estate Appraisers Act.D. This act is hereby deemed to be voluntary on the part of those who apply to become trainee, state licensed, state certified residential or state certified general real estate appraisers. Users of appraisals may determine, by their own discretion or by guidelines, whether or not to use a trainee, state licensed, state certified residential or state certified general real estate appraiser.Added by Laws 1990, c. 327, § 5, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 2, eff. Sept. 1, 1991; Laws 1992, c. 132, § 2, eff. Sept. 1, 1992; Laws 2001, c. 280, § 2, eff. July 1, 2001; Laws 2006, c. 165, § 3, eff. Nov. 1, 2006.