reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-11 - Expediting issuances of license, registration, or endorsement to military spouse

Current through Vol. 41, No. 20, July 1, 2024
The following procedures are hereby established to expedite
				  the issuance of a license , registration, or endorsement for spouses of certain
				  members of the Armed Forces on active duty in this state.
(1) The Board shall expedite consideration of
				requests by military spouses by methods appropriate to the volume of such
				requests by, in its sole discretion, referring to the related trade committee
				to review them, or other appropriate methods. The Board may request
				supplemental information as may be necessary. The application will be heard, if
				necessary, at the next practicable trade related committee meeting following
				submission of all requested documentation.
(2) Upon satisfactory completion of any
				specific requirements in Oklahoma that were not required in the state in which
				the military spouse is licensed or holds an active registration or endorsement,
				or passing the required examination, the Board may issue the applicant an
				electrical, mechanical or plumbing journeyman license, or electrical,
				mechanical, or plumbing contractor license, or building and construction
				inspector license, or home inspector license, roofing registration or
				commercial roofing endorsement subject to the usual requirements of Oklahoma
				licensure, roofing registration or endorsement, including, but not limited to,
				continuing education, payment of license , roofing registration or endorsement
				fees and renewal fees, and compliance with all applicable statutes and rules of
				the Board.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-12 - Renewals for licensee or registration or endorsement holder - post-military service

Current through Vol. 41, No. 20, July 1, 2024
(a)
Active duty as a member of the Armed Forces of the United States.
In accordance with 59 O.S. §
									4100.6
				of the Post-Military Service Occupation, Education and Credentialing Act, while
				a licensee or registration or endorsementh older is on active duty the license
				, registration or endorsement may be renewed without payment of the license ,
				registration or endorsement renewal fee and meeting the continuing education
				requirement. Such waiver shall be requested in writing to the Board prior to
				license , registration or endorsement expiration, along with evidence of the
				order for active duty. The license , registration or endorsement issued
				pursuant to this rule may be continued as long as the licensee or registration
				or endorsement holder is a member of the Armed Forces of the United States on
				active duty and for a period of at least one (1) year after discharge from
				active duty. Upon discharge from active duty and a request for license ,
				registration or endorsement activation, the licensee or registration or
				endorsement holder shall submit to the Board evidence of successful completion
				of the continuing education requirement for the current license or endorsement
				renewal term.
(1) If a licensee , or
				registration or endorsement holder on active duty does not request such waiver
				in writing and the license , registration or endorsement expires, the applicant
				may, by written request, provide the Board documentation as required in
				paragraph (a) of this section; however, no later than one (1) year after
				discharge from active duty.
(2) In
				the event a license , registration or endorsement expires during the events as
				noted herein, the Board shall waive any retesting license or endorsement
				examination as a result of the expired license or endorsement.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-13 - Reciprocity, exam equivalency, portability of licensure and registration and one time low-income license fee waiver

Current through Vol. 41, No. 20, July 1, 2024
(a)
Reciprocity.
Pursuant to the Construction Industries Board Act and
				trade licensing and registration acts administered by the Board, the Board may
				enter into reciprocity agreements with another state or jurisdiction, upon a
				satisfactory showing that the requirements for obtaining a license by
				examination in Oklahoma are deemed by the Board to be substantially the same or
				equivalent to the requirements of the other jurisdiction's original license by
				examination. A current Oklahoma reciprocity agreement allows Oklahoma and
				another jurisdiction, to reciprocate by license type and category, without the
				Oklahoma licensee or the in-coming applicant being required to meet any
				additional requirement in either jurisdiction.
(b)
Exam equivalency.
To allow
				licensees to have more portability of their license, one who is seeking
				Oklahoma licensure may be eligible for exam equivalency in the category of
				their home jurisdiction license by examination. The Board may enter into exam
				equivalency agreements with another state or jurisdiction concerning an
				examination requirement of a license upon a satisfactory showing that the
				examination in Oklahoma and the other jurisdiction is deemed by the Board to be
				an equivalent examination. After there is an approved exam equivalency
				agreement with the jurisdiction, applications may be accepted from that
				jurisdiction showing proof of successfully passing the exam. Proof of
				continuous licensing in good standing from time of examination is required. A
				current examination equivalency agreement allows another jurisdictions exam,
				that is evaluated by a trade Committee to be equivalent to Oklahoma's exam for
				the same license type and category, to be approved by the Board and accepted
				for the exam requirement in Oklahoma. Exam equivalency only applies to the
				examination requirement of a license, therefore all other requirements for that
				license type and category must still be completed to obtain a license in
				Oklahoma.
(c)
One time
				low-income fee waiver.
An individual may be eligible to obtain a
				one-time one-year fee waiver if the individual completes a request form and
				provides proof of one of the following requirements: enrolled in the Temporary
				Assistance for Needy Families, Medicaid, Supplemental Nutrition Assistance
				Program or other similar state or federal public assistance program, or whose
				household adjusted gross income is below one hundred forty percent (140%) of
				the federal poverty line or a higher threshold to be set by the executive
				branch department that oversees business regulation.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-1 - Petition and notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Individual proceedings may be initiated by filing a petition with the hearing
				clerk and by serving the petition on all Respondents. Each petition shall name
				the Respondent and shall contain a reference to the statutes and rules
				involved, a brief statement of the facts giving a right to relief and of the
				relief requested. The petition may allege facts without stating specific facts
				if the specific violations are included in a document which is incorporated by
				reference and attached to the petition. The petition shall meet the
				requirements of "notice" under the APA.
(b) For matters pursuant to the Oklahoma
				Inspectors Act, notice of an individual proceeding will be served upon an
				individual licensee or for political subdivisions the mayor, city manager, or
				city attorney for the Respondent jurisdiction according to the Procedures of
				the Construction Industries Board's administrative rules in Title 158, Ch 1.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-2 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Administrator, his or her designee, or the Administrative Law Judge shall
				schedule the date, time and place of the hearing. The hearing clerk shall
				notify both parties. The hearing shall be scheduled at least fifteen (15) days
				after the date of service of the petition. Both parties may agree to an earlier
				date. If a specific law requires a hearing in fewer days, that statute shall be
				followed. If an emergency exists, a hearing may be conducted without the filing
				of a petition and without the fifteen (15) day notice.
(b) For matters pursuant to the Oklahoma
				Inspectors Act, notice of an individual hearing will be served upon an
				individual licensee or for political subdivisions the mayor, city manager, or
				city attorney for Respondent jurisdiction according to the Procedures of the
				Construction Industries Board's administrative rules in Title 158, Ch
				1.
Added at 19 Ok Reg 1243, eff 2-1-02 (emergency) ; Added at
					 19 Ok Reg 1258, eff 5-28-02 ; Amended at 30 Ok Reg 1530, eff
					 7-11-13
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-3 - Service of petition and notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Service.
The Petition and
				notice of hearing shall be served on the Respondent by personal service or by
				mail or other lawful means.
(b)
Personal service.
Personal service of the petition and the notice
				of hearing upon an individual shall be made by delivering the Petition
				personally on the Respondent or by leaving a copy of the Petition at the
				individual's dwelling place or the usual place of abode with some person
				residing therein who is fifteen (15) years of age or older.
(c)
Board as petitioner.
Where
				the Board is the petitioner, personal service of the petition and notice of
				hearing may be made by a person designated by the Administrator to make such
				service for the Board.
(d)
Service by mail.
Service of the petition and the notice of hearing
				may be made by certified mail, return receipt requested, restricted
				delivery.
(e)
Proof of
				service.
The person serving the petition and the notice of hearing shall
				file proof of service with the hearing clerk within twenty (20) days of service
				or before the date of the hearing whichever is sooner. Acknowledgement in
				writing by the Respondent or appearing at the hearing without objection to
				service is equivalent to service.
(f)
Substitute service.
Substitute service in a matter against a licensee may be completed after
				personal and mail service are attempted with the filing of an affirmation of
				the attempted service and that the petition and notice of hearing were mailed
				first class mail to the last known address of the licensee.
(g)
Service of Proposed Order and
				Notice of Appeal.
A person shall file an entry of appearance and
				agreement to allow use of regular mail for proposed orders. Issuance of
				proposed orders and the notice of appeal may then be sent by regular mail. If
				an entry of appearance or agreement is not filed, then the proposed order and
				notice of appeal will be sent using a certificate of mailing indicating the
				date of mailing and the name and address of the addressee.
(h)
Oklahoma Inspector's Act.
For matters pursuant to the Oklahoma Inspectors Act, notice of an individual
				hearing will be served upon an individual licensee or for political
				subdivisions the mayor, city manager, or city attorney for the Respondent
				jurisdiction according to the Procedures of the Construction Industries Board's
				administrative rules in Title 158, Ch 1.
Added at 19 Ok Reg 1243, eff 2-1-02 (emergency) ; Added at
					 19 Ok Reg 1258, eff 5-28-02 ; Amended at 30 Ok Reg 1530, eff
					 7-11-13
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-4 - Service of other papers and documents

Current through Vol. 41, No. 20, July 1, 2024
(a) Service of all other documents and papers
				connected with an individual proceeding shall be served on the parties or their
				counsel by delivering a copy or mailing a copy by regular mail.
(b) For matters pursuant to the Oklahoma
				Inspectors Act, service of all other documents and papers connected with an
				individual proceeding will be served upon an individual licensee or for
				political subdivisions the mayor, city manager or city attorney for the
				Respondent jurisdiction according to the Procedures of the Construction
				Industries Board's administrative rules in Title 158, Ch 1.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-5 - Response

Current through Vol. 41, No. 20, July 1, 2024
A Respondent may file, and the Administrative Law Judge may
				  direct a Respondent to file, a responsive pleading to the petition or order
				  that initiated the action.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-5.1 - Entry of Appearance

Current through Vol. 41, No. 20, July 1, 2024
Respondents, attorneys representing Respondents, and
				  attorneys representing the Board in an individual proceeding shall file an
				  entry of appearance. The entry of appearance shall include the case caption of
				  the individual proceeding, the name, address, telephone number, and electronic
				  mailing address of Respondent or of Respondent's attorney.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-6 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
A prehearing conference may be ordered and scheduled by the
				  Administrative Law Judge on his own motion or upon the request of any party.
				  The Administrative Law Judge may authorize such to occur by teleconference. The
				  subjects and objectives of prehearing conferences shall be similar to those for
				  pretrial proceedings in the district courts.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-7 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
Motions for a continuance of the hearing to another date or
				  time shall be in writing and filed with the Hearing Clerk with a copy to the
				  parties and the Administrative Law Judge. A motion for a continuance shall
				  state the reasons for the request and specify the length of time requested. The
				  Administrative Law Judge shall act upon such motion promptly and shall grant or
				  deny such request at his discretion. If the motion is denied, it may be renewed
				  orally by the party at the hearing. No administrative hearing case shall be
				  delayed or continued once placed upon the Board's agenda for final review
				  except with consent of the parties.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-8 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance.
Subpoenas for the attendance of witnesses, the
				furnishing of information and the production of evidence shall be issued by the
				Hearing Clerk upon request by a party. As an officer of the court, an attorney
				authorized to practice law in Oklahoma may also issue and sign subpoenas.
				Filing a formal request for the issuance of subpoenas shall not be required.
				Subpoenas shall be served and a return made in the same manner as provided in
				the Oklahoma Pleading Code.
(b)
Failure to obey.
The Board or Petitioner may seek an appropriate
				judicial proceeding to compel compliance by persons who fail to obey asubpoena,
				who refuse to be sworn or make an affirmation at a hearing or who refuse to
				answer a proper question during a hearing. The hearing shall proceed despite
				any such refusal but the Administrative Law Judge may, in his discretion at any
				time, continue the proceedings as necessary to secure a court ruling.
(c)
Motions to quash.
Motions to
				quash subpoenas may be filed with the hearing clerk and will be ruled on by the
				Administrative Law Judge.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-9 - Record

Current through Vol. 41, No. 20, July 1, 2024
(a)
To be
				made.
An electronic recording of the hearing proceedings shall be made.
				The recording will not be transcribed as a matter of course. The Board's
				electronic recording of the hearing shall be the official record. Copies of the
				recordings shall be provided to a party on written request. A transcript may be
				obtained by submitting a written request and tendering payment in an amount
				sufficient to pay the cost of having the recording transcribed. Cost of
				transcription shall be borne by the party requesting same.
(b)
Court reporter.
A party may
				have the proceeding transcribed by a court reporter at the expense of the
				party. Each party requesting copies shall make arrangements for such with the
				reporter, and pay the costs.
(c)
Maintained.
The record of a proceeding and the file containing the
				notices and the pleadings will be maintained in a location designated by the
				Hearing Clerk. All pleadings, motions, orders and other papers submitted for
				filing in such a proceeding shall be date/file-stamped by the hearing clerk
				upon receipt. The burden of showing substantial prejudice by any failure to
				correctly file-stamp any submittal shall be upon the party asserting
				such.
(d)
Designation on
				appeal.
On appeal, the parties may designate and counter-designate
				portions of the record to save costs, following the procedures in the
				Administrative Procedures Act.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-10 - Order of procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Generally that of civil proceedings.
The order of procedure in
				hearings in all individual proceedings shall generally be governed by the
				Oklahoma Pleading Code and the Discovery Code. At the hearing, each party may
				make a brief opening statement; present witnesses, documents and exhibits on
				its behalf; cross-examine adverse witnesses; and make closing arguments. The
				rules of evidence shall be those specified by the APA. At the discretion of the
				Administrative Law Judge, any party may reopen the case in chief, even after
				the adverse party has rested. Parties may stipulate to any lawful
				matter.
(b)
Matters not
				described.
Any matter of practice or procedure not specified either by
				the APA or by these rules will be guided by practice or procedure followed in
				the district courts of this state.
(c)
Rulings.
The Administrative
				Law Judge shall rule on the admissibility of evidence and objections to
				evidence, on motions or objections raised during hearings, and may rely on the
				advice of counsel present and serving in an advisory capacity. Any party may
				object to a ruling considered erroneous. All objections shall be made promptly
				or be deemed waived. Parties shall be deemed to have taken exception to any
				adverse ruling.
(d)
Findings
				and conclusions.
The Administrative Law Judge shall hear all evidence
				and arguments applicable in a case and shall prepare Findings of Fact and
				Conclusions of Law. The Administrative Law Judge may allow the parties to
				submit briefs or proposed findings and conclusions before ruling on the matter
				at issue, specify the time of filing and shall rule on such proposed
				findings.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-11 - Default

Current through Vol. 41, No. 20, July 1, 2024
Any Respondent or other person who fails to appear as
				  directed, after service of the petition and notice of hearing as provided by
				  these rules, may be determined to have waived the right to appear and present a
				  defense to the allegations contained in the petition. A proposed order in such
				  proceeding may be issued by the Administrative Law Judge or the Administrator
				  and becomes a final order by vote of the Board granting by default the relief
				  prayed for in the petition.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-12 - Order

Current through Vol. 41, No. 20, July 1, 2024
Following the hearing, the Administrative Law Judge shall
				  prepare a proposed order to become a final order by vote of the Board. The
				  proposed final order will be automatically reviewed by the entire Board to be
				  affirmed, denied, or remanded to the Administrative Law Judge for further
				  hearing, with or without instructions. A written recommendation and summary of
				  the case, which can be in the form of a proposed order, will be provided to the
				  Board by the Administrator. The decision by the Board that is affirmed or
				  denied will be a final order. Any decision to remand will be brought before the
				  Board following further proceeding by the Administrative Law Judge and the new
				  proposed order will be reviewed by the Board according to this section. The
				  Board member attending the original or remanded trade hearing board hearing
				  will abstain from discussion or voting when the same matter is before the
				  Board. The Board will review proposed orders no later than the last day of the
				  quarter the proposed order was issued.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-13 - Reconsideration

Current through Vol. 41, No. 20, July 1, 2024
Any party may petition for rehearing, reopening or
				  reconsideration of any decision in an individual proceeding within ten (10)
				  days of its entry, pursuant to 75 O.S. §
									317.
				  Nothing shall prevent reconsideration of a matter in accordance with other
				  statutory provisions.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-13.1 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person
				subject to an administrative fine, penalty or fee shall have all rights to
				appeal according to the Administrative Procedures Act once a final order is
				authorized by the Board. A person may appeal a proposed order to the Board, and
				any final order by the Board may be appealed to the district court of Oklahoma
				County.
(b) In order to appeal the
				Administrative Law Judge's proposed order, the person must file with the Board
				a written Request for Appeal and brief within ten (10) business days of the
				issuance of the Administrative Law Judge's proposed order by delivering or
				mailing the written request and brief to the principal office of the Board
				during regular office hours as provided in this chapter. The request and brief
				must be legible, on standard paper size of 8.5" x 11", and contain the
				Respondent's full name, citation number, mailing address, telephone number, and
				a complete detailed description of the reason for the appeal. The Request for
				Appeal and brief shall be no more than fifteen (15) pages and the person shall
				set forth a summary of the exceptions with the Administrative Law Judge's
				proposed order. The attorney for the Board may issue a brief in response no
				less than two (2) weeks before the Board meeting to consider the appeal. The
				person will then be notified of the date and time of the appropriate Board
				meeting regarding the appeal.
(c) A
				request for oral arguments shall be made at the time the Request for Appeal is
				filed with the Board. Oral arguments will be limited to no more than ten
				minutes (10) for each side. Briefs and oral arguments shall not include any new
				factual information.
(d) The Board
				may affirm the proposed order, deny the proposed order, or remand the case to
				the hearing officer, with or without instructions.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-14 - Settlement

Current through Vol. 41, No. 20, July 1, 2024
Unless precluded by law, individual proceedings may be
				  resolved by agreed settlement or consent order, with the concurrence of the
				  Administrator and final approval by the Board.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-15 - Enforcement of Final Orders

Current through Vol. 41, No. 20, July 1, 2024
The Administrator may apply for judicial enforcement of Final
				  Orders.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-16 - Emergency actions

Current through Vol. 41, No. 20, July 1, 2024
When the Board finds that the public health, safety or
				  welfare requires that action be taken immediately and when such a finding is
				  incorporated in an order, emergency action or summary suspension of a license
				  may be ordered pending the filing of a petition and/or the outcome of an
				  individual proceeding.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 5 - Procedure in Individual Proceedings › Section 158:1-5-17 - Notice of violation and compliance orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board, through its investigator, may
				issue a written notice of violation to any person or entity who is in violation
				of any standard or rule adopted by the Board. The notice of violation shall be
				served in accordance with OAC
				158:1-5-3.
(b) Fifteen (15) days following the service
				of the notice of violation, the Board, through the administrator, may issue a
				written order requiring compliance with such standards or rules immediately or
				within a specified period of time. The fifteen-day notice period may be reduced
				to render the order reasonably effectual. Such order shall state with
				specificity the nature of the violation. Additionally, such order may assess a
				fine for each day of noncompliance with the order. All orders shall be served
				in accordance with OAC
				158:1-5-3.
(c) Any person or entity issued an order must
				request a hearing no later than fifteen (15) days after the order is served. If
				a hearing is not requested, the order shall become final. If a hearing is
				requested, a hearing shall be held before the appropriate hearing board of the
				Construction Industries Board.
Added at 21 Ok Reg 760,
				  eff 4-26-04
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 7 - Oklahoma Small Business Regulatory Flexibility Act › Section 158:1-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to the Oklahoma Small Business Regulatory
				  Flexibility Act (75 O.S. §
									501, et
				  seq. ), these Rules apply to all fines and penalties imposed by the
				  Board.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 through 7-14-02 (emergency)1; Added at 20
				  Ok Reg 2649, eff 7-26-03
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-02 (after the 7-14-02 expiration of this emergency action), Section
				  158:1-7-1 was no longer effective, and remained as such until added by
				  permanent action on 7-26-03.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 7 - Oklahoma Small Business Regulatory Flexibility Act › Section 158:1-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Fine or penalty"
means a consequence that is a
				  result of violating any statute, ordinance or rule governed by the Board
				  pursuant to the Construction Industries Board Act.
"Small Business"
means a for-profit enterprise
				  consisting of fifty (50) or fewer full-time or part-time employees that is
				  subject to regulation by the Board.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 through 7-14-02 (emergency)1; Added at 20
				  Ok Reg 2649, eff 7-26-03
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-02 (after the 7-14-02 expiration of this emergency action), Section
				  158:1-7-2 was no longer effective, and remained as such until added by
				  permanent action on 7-26-03.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 7 - Oklahoma Small Business Regulatory Flexibility Act › Section 158:1-7-3 - Waiver or reduction of administrative fine or penalty

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to the Oklahoma Small Business
				Regulatory Flexibility Act, a small business which is regulated by the Board
				can request a waiver or reduction in an administrative fine or penalty. An
				administrative fine or penalty may be waived by the Board against a small
				business if:
(1) The small business corrected
				the violation within thirty (30 ) days of receiving notice of a violation or a
				citation; or
(2) The violation was
				the result of an excusable misunderstanding of the Board's interpretation of a
				rule.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 7 - Oklahoma Small Business Regulatory Flexibility Act › Section 158:1-7-4 - Assessment Order [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 1243,
				  eff 2-1-02 through 7-14-02
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-02 (after the 7-14-02 expiration of this emergency action), Section
				  158:1-7-4 was no longer effective. For the official text of the emergency rule
				  that was in effect from 2-1-02 through 7-14-02, see 19 Ok Reg
				  1243.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 9 - Actions to Improve Workforce Development and Skilled Trade Education › Section 158:1-9-1 - Skilled Trade Education and Workforce Development Fund

Current through Vol. 41, No. 20, July 1, 2024
The available funds, based upon statutory limitations, of the
				  Skilled Trade Education and Workforce Development Fund shall be used only for
				  the advancement of the trade-related education and workforce development. The
				  Skilled Trade Education and Workforce Development Fund was created for the
				  following purposes:
(1) To develop
				instructional materials on Oklahoma laws, statutes and rules, as they relate to
				the plumbing, mechanical, electrical and roofing trades and state licensing
				standards;
(2) To cover the cost of
				equipment, materials, personnel and any other costs of developing and
				implementing the trade curriculum; and
(3) To cover the cost of equipment,
				materials, personnel and any other costs of developing and implementing the
				workforce development program used to promote the plumbing, mechanical,
				electrical and roofing trades as a career in Oklahoma.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 9 - Actions to Improve Workforce Development and Skilled Trade Education › Section 158:1-9-2 - Additional powers and duties of the Board-workforce development and education

Current through Vol. 41, No. 20, July 1, 2024
The Construction Industries Board shall have the additional
				  powers to:
(1) Receive and convey
				information relating to the skilled trades regulated by the Construction
				Industries Board; and
(2) Enter
				into contracts with the Oklahoma Department of Career and Technology Education
				for any accredited vocational or technical school or system of education
				institution in the State of Oklahoma receiving state appropriations and
				offering programs in secondary and postsecondary instruction that provide
				electrical, mechanical, plumbing or roofing trade coursework for any of the
				following purposes, or combination thereof:
(A) developing and implementing instructional
				courses on Oklahoma Statutes and rules that govern the electrical, mechanical,
				plumbing and roofing trades, which courses can be in conjunction with
				instruction in performing trade work or instruction on statewide-adopted trade
				codes, or both, for the advancement of the electrical, mechanical, plumbing and
				roofing trades, or
(B) developing
				and implementing a workforce development program that will create interest in
				the pursuit of a skilled trade career. The workforce development program may
				consist of, but is not limited to, use of the internet, community and school
				presentations, and research and instruction on the electrical, mechanical,
				plumbing and roofing trades.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 9 - Actions to Improve Workforce Development and Skilled Trade Education › Section 158:1-9-3 - Contracts with Oklahoma Department of Career and Technology Education

Current through Vol. 41, No. 20, July 1, 2024
(a) All contracts
				with the Oklahoma Department of Career and Technology Education pursuant to
				this section shall be approved by the Construction Industries Board in
				accordance with the Oklahoma Open Meeting Act. Cost of the contracts with the
				Oklahoma Department of Career and Technology Education for education and
				workforce development programs shall be paid from the Skilled Trade Education
				and Workforce Development Fund.
(b)
				All contracts with the Oklahoma Department of Career and Technology Education
				entered into and approved pursuant to this section shall include the following:
(1) The time period for the
				contract.
(2) The amount of
				available funds of the previous fiscal year determined by statutory limitations
				transferred to the Skilled Trade Education and Workforce Development Fund for
				expenditure according to the terms of the contract.
(3) A description of the services to be
				provided under the terms of the contract pursuant to this subchapter that may
				include, but not be limited to:
(A) Career
				awareness programs that will create interest in the pursuit of a skilled trade
				career in the electrical, mechanical, plumbing and roofing trades;
(B) Education in regulatory and trade
				requirements, performing trade work, and the related state adopted building
				codes governing the electrical, mechanical, plumbing and roofing trades, and
				assisting with existing classes, courses and programs; or,
(C) Assistance with developing and
				implementing lesson plans, curriculum and information for school teachers,
				counselors and others assisting with career awareness in the related
				trades.
(4) A requirement
				for the Oklahoma Department of Career and Technology Education to provide a
				report at the end of the contract terms describing how the funds of the
				contract were used, what was the return to the Construction Industries Board,
				and the benefits of the use of the funds to the State of Oklahoma, the
				development and education of the Oklahoma skilled workforce in the related
				trades, and the health, safety and welfare of the public.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 1 - General Provisions › Section 158:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this chapter is to establish fines based on
				  violation of requirements found in any regulation administered by the Oklahoma
				  Construction Industries Board pursuant to the Construction Industries Board Act
				  found at 59 O.S. §
									1000.1,
et seq
.
Added at 19 Ok Reg 719, eff 1-22-02 (emergency) ; Added at
					 19 Ok Reg 1263, eff 5-28-02 ; Amended at 30 Ok Reg 1531, eff
					 7-11-13
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 1 - General Provisions › Section 158:10-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless the context otherwise requires, singular words shall
				  be deemed to include the plural, and masculine words to include the feminine,
				  and vice versa. The following words or terms, when used in this Chapter, shall
				  have the following meaning unless the context clearly indicates
				  otherwise:
"Act"
means the Construction Industries Board
				  Act as found at 59 O.S. §
									1000.1,
et seq
.
"Administrator"
means the Administrator of the
				  Construction Industries Board as described in the Construction Industries Board
				  Act.
"Board"
means the Oklahoma Constructions
				  Industries Board.
"Contracting"
means engaging or offering to
				  engage in, on behalf of oneself or on behalf of another, any plumbing,
				  mechanical, electrical, or roofing work which requires a valid and appropriate
				  license or registration from the Construction Industries Board as required by
				  the Plumbing License Law of 1955, the Electrical License Act, the Mechanical
				  Licensing Act, or the Roofing Contractor Registration Act.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 1 - General Provisions › Section 158:10-1-2 - Limitations imposed upon Processing of licenses and registrations

Current through Vol. 41, No. 20, July 1, 2024
Applications for licenses, registration or renewals shall not
				  be processed until the fine(s) are paid.
Added at 19 Ok Reg 719,
				  eff 1-22-02 (emergency); Added at 19 Ok Reg 1263, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 3 - Administrative Fine Schedule › Section 158:10-3-1 - Common requirements under the Electrical License Act, the Mechanical Licensing Act, the Plumbing License Law of 1955, Home Inspection Licensing Act, and the Roofing Contractor Registration Act

Current through Vol. 41, No. 20, July 1, 2024
(a) The schedule of fines in this Section is
				based on violation of requirements common to the rules promulgated under
				authority of the Electrical License Act, the Mechanical Licensing Act and The
				Plumbing License Law of 1955, or each of the respective licensing laws, and the
				Roofing Contractor Registration Act. Except residential roofing jobs where a
				written warning may be issued prior to applying the fine schedule and as
				provided in Section
				158:10-3-2, the
				fine schedule for citations issued by the Board for violations of the following
				requirements is:
(1) Contracting without an
				active contractor license or roofing contractor registration in good standing
				or endorsement, which includes offering to perform work through advertisement
				or otherwise:
(A) First - $500.00
(B) Second or subsequent -
				$1,000.00.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 3 - Administrative Fine Schedule › Section 158:10-3-2 - Other violations

Current through Vol. 41, No. 20, July 1, 2024
The schedule of fines in this Section are based on violation
				  of requirements common to the rules promulgated under authority of the
				  respective licensing laws. Except as provided in Section
				  158:10-3-3,
				  the fine schedule for citations issued by the Board for violations of the
				  following requirements is: Failure to display state contractor license number
				  on advertising, contracts, and bids:
(1) First - $70
(2) Second or subsequent - $190.
Added at 19 Ok Reg 719,
				  eff 1-22-02 (emergency); Added at 19 Ok Reg 1263, eff 5-28-02; Amended at 23 Ok
				  Reg 1211, eff 5-25-06
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 3 - Administrative Fine Schedule › Section 158:10-3-3 - Administrative citations

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Issuance of a citation. A citation which is issued to a person for violation of
				one or more of the compliance requirements provided in Section
				158:10-3-1,
				and Section
				158:10-3-2 shall
				advise the person of the hearing date at which the person may contest the
				issuance of the citation and/or the amount of the fine. Such hearings shall be
				conducted in compliance with the Oklahoma Administrative Procedures Act and the
				Oklahoma Open Meetings Act.
(b)
				Orders following hearing. A final order may uphold the citation as issued,
				reduce the amount of the fine or dismiss the action. A default order may be
				issued if the person cited has been advised in writing of the hearing date and
				fails to appear. The fine is due and payable immediately upon issuance of the
				order unless otherwise provided therein. A final order is appealable to the
				district court in accordance with the Oklahoma Administrative Procedures
				Act.
Added at 19 Ok Reg 719,
				  eff 1-22-02 (emergency); Added at 19 Ok Reg 1263, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 3 - Administrative Fine Schedule › Section 158:10-3-4 - Payment of fines

Current through Vol. 41, No. 20, July 1, 2024
(a) A person
				who is ordered to pay a fine shall submit the fine to the Construction
				Industries Board, 2401 N.W. 23, Suite 2F, Oklahoma City, Oklahoma 73107. A
				person who decides not to contest the issuance of the citation shall submit
				payment of the fine amount to the address above on or before the hearing date
				indicated on the citation.
(b) Any
				fines and penalties imposed by penalty orders by the respective Hearing Boards
				and/or the Board and fines and penalties imposed by courts of competent
				jurisdiction for the violation of municipal ordinances shall be paid.
(c) The Board may seek payment through the
				surety bond of any licensed Contractor for any fines or penalties, which the
				licensee fails to pay.
Added at 19 Ok Reg 719, eff 1-22-02 (emergency) ; Added at
					 19 Ok Reg 1263, eff 5-28-02 ; Amended at 21 Ok Reg 761, eff 4-26-04 ; Amended
					 at 30 Ok Reg 1531, eff 7-11-13
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 3 - Administrative Fine Schedule › Section 158:10-3-5 - Schedule of fines for the Home Inspection Industry [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 26 Ok Reg 387,
				  eff 11-14-08 through 7-14-09
				  (emergency)12
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective (see also
				  Agency Note2 below). Therefore, on 7-15-09 (after
				  the 7-14-09 expiration of this emergency action), Section 158:10-3-5 was no
				  longer effective. For the official text of the emergency rule that was in
				  effect from 11-14-08 through 7-14-09, see 26 Ok Reg
				  387.
AGENCY NOTE:
				  2 See 158:10-3-1 for fines effective as of
				  7-11-09.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 10 - Fine Schedule › Subchapter 5 - Oklahoma Small Business Regulatory Flexibility Act › Section 158:10-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to the Oklahoma Small Business Regulatory
				  Flexibility Act (75 O.S. §
									501,
et seq.
), these Rules apply to all fines and penalties imposed
				  by the Board.
Added at 20 Ok Reg 2650, eff 7-26-03 ; Amended at 30 Ok
					 Reg 1531, eff 7-11-13