4101:16-4-02 Complaint review.

(A) The appropriate specialty section or its designee shall determine whether a signed written complaint is of sufficient nature to warrant an investigation. If after review and investigation, a majority of the members of the appropriate specialty section determine that the complaint presents an event or action that may result in disciplinary action or any other appropriate action against the licensee, the section shall direct the secretary to schedule an adjudication hearing pursuant to rule 4101:16-4-04 of the Administrative Code.

(B) The appropriate specialty section or its designee shall investigate all signed written complaints against an individual who does not hold a valid and unexpired license pursuant to Chapter 4740. of the Revised Code, but who is acting as a specialty contractor in violation of Chapter 4740. of the Revised Code and the rules promulgated thereunder. The appropriate specialty section shall determine, after reviewing the complaint , whether the complaint or allegation has merit and whether the complaint is of such nature as to warrant section action. If, after review and investigation, a majority of the members of the specialty section determine that a violation of Chapter 4740. of the Revised Code has occurred, the section may request the attorney general to file a civil action in the appropriate county court of common pleas where the unlicensed person resides or where the unlicensed person is acting as a specialty contractor for a temporary restraining order or permanent injunction or other appropriate equitable relief to enjoin the unlicensed person from violating Chapter 4740. of the Revised Code and the rules promulgated thereunder.

(C) After a review and investigation, the appropriate specialty section may file a complaint against an unlicensed person with the appropriate municipal prosecutor for criminal charges pursuant to section 4740.99 of the Revised Code.

Effective: 11/15/2007
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.05 , 4740.10 , 4740.13
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05