1301:3-6-05 Complaints; Denials, Suspensions, and Revocations of Certificates of Competency.

(A) Any person who wishes to make a complaint against a person who holds a license shall submit the complaint in writing to the elevator section within twelve months after the date of the action or event upon which the complaint is based. The elevator section shall investigate any alleged violation of Chapter 4105. of the Revised Code or the rules adopted pursuant to it. If, after an investigation, the elevator section determines that any person has engaged or is engaging in any practice that violates Chapter 4105. of the Revised Code or the rules adopted pursuant to it, that section may apply to the court of common pleas of the county in which the violation occurred or is occurring for an injunction or other appropriate relief to enjoin or terminate the violation.

(B) The superintendent shall direct the elevator section to deny, revoke, or suspend the issuance or renewal of a certificate of competency if the section finds that the applicant has done any of the following:

(1) Been convicted of a felony;

(2) Violated any provision of Chapter 4105. of the Revised Code or rules adopted pursuant thereto;

(3) Obtained a license by fraud, misrepresentation, or deception; or

(4) Engaged in fraud, misrepresentation, deception, malfeasance, misfeasance, or nonfeasance in the conduct of business.

(C) Upon a reasonable cause shown, the superintendent shall direct the elevator section to impose one or both of the following:

(1) Suspend or revoke an inspector's certificate of competency for a specified period of time that the elevator section establishes.

(2) Require a holder of a certificate of competency to complete additional continuing education course work within a specified time period.

(D) Upon written notification of the action of the elevator section, the aggrieved may appeal pursuant to Chapter 119. of the Revised Code and rule 1301:3-6-05 of the Administrative Code.

Effective: 10/13/2005
R.C. 119.032 review dates: 09/30/2010
Promulgated Under: 119.03
Statutory Authority: RC Sec. 4105.12
Rule Amplifies: RC Sec. 4105.05 , 4105.11