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