Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 85 - Roofing Contractor Registration Regulations › Subchapter 10 - Enforcement › Section 158:85-10-1 - Authority and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Enforcement authority.
Pursuant to 59 O.S. Section
				1151.4,
				the Construction Industries Board shall have the authority to administer and
				enforce the provisions of the Roofing Contractor Registration Act, including
				the authority to:
(1) Conduct investigations
				on roofing applications, registrations and endorsements for compliance with the
				provisions of the Roofing Contractor Registration Act, and of the rules of the
				Board promulgated pursuant thereto, and allegations of violations by written
				complaint or otherwise;
(2) Issue
				to any person, who violates any of the provisions of the Roofing Contractor
				Registration Act or any rule promulgated pursuant thereto, a written warning or
				administrative citation of Five Hundred Dollars ($500.00) on a first violation
				for a residential job. For any residential job the Board may; for any second
				administrative citation issued levy an administrative fine not to exceed One
				Thousand Dollars ($1,000.00); on a third violation, levy an administrative fine
				not to exceed Three Thousand Five Hundred Dollars ($3,500.00); and for any
				additional subsequent violation, revoke the registration and commercial roofer
				endorsement, if any. Issue to any person, who violates any of the provisions of
				the Roofing Contractor Registration Act or any rule promulgated pursuant
				thereto, an administrative citation of Five Hundred Dollars ($500.00) on a
				first violation for a commercial job. For any commercial job the Board may; for
				any second offense issue a One Thousand Dollars ($1,000.00) administrative
				citation; on a third violation of a commercial job issue an administrative
				citation of up to five percent (5%) of the commercial job, but not to exceed
				Five Thousand Dollars ($5,000.00); and for any additional subsequent violation,
				revoke the registration and commercial roofer endorsement.
(3) Initiate administrative or disciplinary
				proceedings and provide hearings on any person who violates any of the
				provisions of the standards of the Roofing Contractor Registration Act or any
				rule promulgated pursuant thereto,
(4) Investigate written complaints, as
				described in 59 O.S. §
										1151.14,
				and any roofing project and any person to the extent necessary to determine if
				the person is engaged in the violation of the provisions of the Roofing
				Contractor Registration Act, including unlawful, unregistered, or unendorsed
				activity. The Construction Industries Board may refer the matter for
				misdemeanor prosecution, whether or not the person ceases the unlawful and/or
				unregistered activity;
(5) Initiate
				disciplinary proceedings and administrative individual procedures against any
				person, request prosecution of and initiate injunctive proceedings against any
				person who violates any of the provisions of the Roofing Contractor
				Registration Act or any rule promulgated pursuant to the Roofing Contractor
				Registration Act;
(6) Reprimand or
				place on administrative probation, or both, any holder of a registration
				pursuant to the Roofing Contractor Registration Act.
(7) Investigate written complaints alleging
				gross defects in workmanship in a roofing contractor project that must be
				submitted in writing setting forth an explanation of the risks of serious harm
				or injury to a person, or monetary damages in excess of Five Thousand Dollars
				($5,000.00) caused unjustly, pursuant to 59 O.S. §
										1151.14(A)(15),
				and must include a verified written estimate by a registered roofing
				contractor, or another person whose estimate is based on a registered roofing
				contractor's estimate, describing the damage, cost to repair and the
				residential code or commercial building code violation.