Chapter 4101:16-1 Meetings, Fees, and Records

4101:16-1-01 Definitions.

The following definitions apply to all rules of division 4101:16 of the Administrative Code:

(A) "Board" means the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the Revised Code.

(B) "Specialty section" means the plumbing and hydronics section, electrical section, and the heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the Revised Code.

(C) "Contractor" means a licensed individual or business entity who holds one or more licenses issued by the appropriate specialty section pursuant to Chapter 4740. of the Revised Code.

(D) "Curriculum" means a continuing education course topic in general business that is applicable to all trades, general health and safety that is applicable to all trades, technology that is trade specific, or code that is trade specific.

(E) "Compliant Contractor Program" means a program, established pursuant to and in accordance with section 4740.06(J) of the Revised Code, which modifies the continuing education and/or renewal schedules and which is available for those licensees who demonstrate a history of compliance with Chapter 4740. of the Revised Code and the rules adopted thereunder.

(F) "Engineer" means an individual that has a certificate of registration pursuant to Chapter 4733. of the Revised Code.

(G) "Tradesperson" has the same meaning as in section 4740.01 of the Revised Code.

(H) "Construction industry" means an area of business involved with "construction projects" as defined in section 4740.01 of the Revised Code.

(I) "Business experience" means at least three years of business experience in the construction industry.

(J) "Veteran" means for the purpose of this rule anyone who is serving or has served under honorable conditions in any component of the armed forces of the United States including national guard and reserve.

Replaces: 4101:16-1-01

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04
Rule Amplifies: 4740.04, 4740.05
Prior Effective Dates: 04/01/2005

4101:16-1-02 Notice of administrative rules hearing.

Public notice of the intention of the administrative, electrical, heating, ventilating, and air conditioning and refrigeration, and plumbing and hydronics sections of the Ohio construction industry licensing board to consider adopting, amending or rescinding a rule shall be in accordance with rule 119.03 of the Revised Code and section 1301-1-01 of the Administrative Code.

Replaces: 4101:16-1-02

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04(G)
Rule Amplifies: 4740
Prior Effective Dates: 4/1/05, 11/15/07, 01/01/2009

4101:16-1-03 Public meetings.

(A) Meetings of the administrative, electrical, heating, ventilating and air conditioning, refrigeration, plumbing and hydronics sections of the Ohio construction industry licensing board, in addition to the meetings required by sections 4740.04 and 4740.06 of the Revised Code, shall be noticed and held in accordance with section 121.22 of the Revised Code.

(B) Any representative of the news media may obtain at least twenty-four hours advance notice of all special meetings by requesting orally or in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A wirtten request for such notification shall be addressed to: "Board Secretary, Ohio Construction Industry Licensing Board at 6606 Tussing Road, P.O. Box 4009, Reynoldsburg, Ohio 43068-9009." The request shall provide the name of the individual media representative to be contacted, mailing address, and a maximum of two telephone numbers.

(C) Questions of parliamentary procedure not otherwise provided for shall be governed by the most current version of "Robert's Rules of Order Newly Revised."

Replaces: 4101:16-1-02

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04(G)
Rule Amplifies: 4740
Prior Effective Dates: 4/01/2005, 11/15/07, 11/1/09

4101:16-1-04 Administrative section.

(A) The officers of the administrative section of the board shall consist of the following:

(1) A chairperson, who shall be elected annually by the members of the administrative section. The chairperson's duties include the following:

(a) To preside over meetings of the administrative section, or to designate a member to preside in the chairperson's and vice chairperson's absence.

(b) To sign all vouchers of the board upon presentation of a signed, itemized, and supported voucher.

(2) A vice-chairperson, who shall be elected annually by the members of the administrative section. The vice-chairperson's duties shall include performing the duties of the chairperson should the chairperson be absent or incapable of performing the duties required of the chairperson.

(B) The administrative section may do all things necessary to carry out the intent and purpose of Chapter 4740. of the Revised Code unless such action conflicts with any act or duty specifically assigned to a specialty section pursuant to Chapter 4740. of the Revised Code.

(C) The administrative section shall have the following responsibilities:

(1) Prepare an annual written report to the director of the department of commerce detailing the proceedings had by or before the board during the previous fiscal year, which shall be submitted to the director within thirty days of the end of the previous fiscal year.

(2) Prepare an annual fiscal statement stating all monies received and expended by the board during the previous fiscal year. The annual fiscal statement shall be completed within thirty days of the end of the previous fiscal year.

(3) Issue licenses to individuals who attain a score of at least seventy percent on both sections of the examination authroized by the appropriate sections and meet the requirements set forth in section 4740.06 of the Revised Code.

(4) Notifying individuals whether the individual has passed both sections of the examination or failed one or both sections of the examination, unless the notification is provided by the approved testing agency.

Replaces: 4101:16-1-04

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04(G)
Rule Amplifies: 4740
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/01/2005

4101:16-1-05 Investigations.

(A) A specialty section or its designee may conduct investigations to determine violations of Chapter 4740 of the Revised Code upon the receipt of a complaint alleging any violation of Chapter 4740 of the Revised Code or the rules enacted thereunder. A person who wishes to make a complaint against an individual who holds a license or a person who is not licensed but acting as or claiming to be licensed pursuant to Chapter 4740. of the Revised Code shall submit a signed complaint in writing to the appropriate specialty section, in accordance with section 4740.10 of the Revised Code.

(B) The appropriate section of its designee shall determine whether a complaint against an individual is of sufficient nature to warrant an investigation. If after review and investigation, a majority of the members of the appropriate section determine that the complaint presents an event or action that may result in disciplinary action or any other appropriate action against the individual, the section shall direct the secretary to issue an order pursuant to section 119.06 of the Revised Code.

(C) If, after review and investigation, a majority of the members of the appropriate 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 individual resides or where the individual is acting as a contractor for a temporary restraining order or permanent injuction or other appropriate equitable relief to enjoin the individual from violating Chapter 4740. of the Revised Code and the rules promulgated thereunder.

(D) After a review and investigation, the appropriate section or its designee may file a complaint against an individual with the appropriate municipal prosecutor for criminal charges pursuant to section 4740.99 of the Revised Code.

Replaces: part of 4101:16-4-01

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04(G)
Rule Amplifies: 4740
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 04/01/2005

4101:16-1-06 Disciplinary action against a licensee.

(A) The appropriate specialty sections may suspend, revoke, or refuse to issue any license, impose additional continuing education hours or fine an applicant or licensee or any combination thereof upon a finding by the appropriate specialty section that the applicant or licensee has done any of the following:

(1) Been convicted of or pleaded guilty to a crime of moral turpitude or a disqualifying offense as those terms are defined in section 4776.10 of the Revised Code;

(2) Been convicted of or pleaded guilty to one or more of the following disqualifying offenses:

(a) Forgery (R.C. 2913.31 );

(b) Trademark counterfeiting (R.C. 2913.34 );

(c) Fraud (R.C. 2913.40, R.C. 2913.42, R.C. 2913.45, R.C. 2913.47, R.C. 2913.48, or R.C. 2913.49 );

(d) Receiving stolen property (R.C. 2913.51 );

(e) Bribery (R.C. 2929.02 );

(f) Theft in office (R.C. 2921.41 );

(g) Having an unlawful interest in a public contract (R.C. 2921.42 )

(h) Soliciting or accepting improper compensation (R.C. 2921.43 );

(i) Engaging in a pattern of corrupt activity (R.C. 2929.32 );

(j) Money laundering (R.C. 1315.55(A) );

(k) Criminal negligence (R.C. 2901.21 ).

(3) Violated any provisions of Chapter 4740. of the Revised Code;

(4) Violated any rules adopted pursuant to Chapter 4740. of the Revised Code;

(5) Obtained or attempted to obtain a license or a renewal of such license pursuant to Chapter 4740. of the Revised Code by means of fraud, deception or misrepresentation;

(6) Obtained an order, ruling, or authorization from any section of the Ohio construction industry licensing board by means of fraud or misrepresentation;

(7) Engaged in fraud, misrepresentation, or deception in the conduct of business;

(8) Transferred the person's license to another person or entity without the approval of the appropriate specialty section;

(9) Allowed the person's license to be used by an unlicensed person or entity;

(10) Failed to comply with the disciplinary sanction imposed by the appropriate specialty section;

(11) Upon notice to the appropriate specialty section that a municipality or any other governmental agency has suspended or revoked a registration of an individual or entity holding a license pursuant to Chapter 4740. of the Revised Code; or

(12) Failure to maintain insurance throughout the license year, unless the license has properly been placed in an inactive status.

(B) The appropriate specialty sections shall direct the administrative section to refuse to issue any license upon a finding by the appropriate speciality section that the applicant has done any of the following:

(1) Been found guilty of a crime involving moral turpitude or a disqualifying offense as those terms are defined in section 4776.10 of the Revised Code;

(2) Had another person take the required examination for the applicant; or

(3) Failed to pass the required examination.

(C) The appropriate specialty section shall hold an adjudication hearing to determine whether a license is to be revoked or suspended or whether the licensee shall be fined or ordered to complete additional continuing education courses or any combination thereof. The appropriate specialty section shall notify the licensee in writing of its order.

(D) A licensee adversely affected by an adjudication order issued pursuant to this rule shall have a right of appeal pursuant to section 119.12 of the Revised Code.

Replaces: part of 4101:16-4-03

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04(G)
Rule Amplifies: 4740
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 2/16/04, 04/01/2005, 11/15/07

4101:16-1-07 Adjudication hearings.

The appropriate specialty section shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Revised Code. All adjudicative hearings shall comply with the notice and procedural requirements of sections 119.06 to 119.13 of the Revised Code.

Replaces: part of 4101:16-4-04

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.05
Rule Amplifies: 4740.04, 4740.05, 4740.06
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 04/01/2005

4101:16-1-08 Compliant contractor program.

(A) The compliant contractor program provides incentives for compliance with Chapter 4740. of the Revised Code and the administrative rules promulgated thereunder by modifying the requriements for license renewal.

(B) Qualification period

(1) In order to qualify for the compliant contractor program, an individual must demonstrate one year of compliance with Chapter 4740. of the Revised Code and the rules adopted thereunder. Compliance includes, but is not limited to, timely filing of renewal applications, timely payment of renewal fees, and the absence of any disciplinary actions against the individual.

(2) The compliant contractor program shall be available to existing licensees only: new applicants must first demonstrate the compliance with Chapter 4740. of the Revised Code and the rules adopted thereunder for the preceding licensure period before being considered for the program. Existing licensees, after successfully completing the qualification period, shall be eligible for the program.

(3) Eligible licensees shall apply to the compliant contractor program by completing the appropriate form and submitting it to the board with its renewal application.

(C) Licensees who are members of the compliant contractor program shall be entitled to a two-hour reduction in their yearly requirement for continuing education. Licensees who are members of this program shall also be permitted to choose to renew their licenses on a triennial basis, rather than on an annual basis. Individuals choosing to renew annually must demonstrate the completion of eight hours of continuing education at the time of renewal, while individuals choosing to renew triennially must demonstrate twenty-four hours of continuing education at the time of renewal.

(D) An individual may be removed from the compliance incentive program in the event of non-compliance with Revised Code Chapter 4740. of the Revised Code or the rules of this Chapter. The individual may be re-admitted to the Program upon demonstration of qualification in accordance with paragraph (B) of this rule.

Replaces: 4101:16-1-08

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.05
Rule Amplifies: 4740.04, 4740.05, 4740.06
Prior Effective Dates:

4101:16-1-09 [Rescinded] Replacement of a license.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/04/2015
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.05
Rule Amplifies: 4740.03, 4740.04, 4740.05
Prior Effective Dates: 3/24/03, 2/9/04 Replaces: 4101:16-1-07 Eff 04/01/2005

4101:16-1-10 [Rescinded] Notice of renewal date and application for renewal.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/04/2015
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.05
Rule Amplifies: 4740.04, 4740.05
Prior Effective Dates: 3/24/03, 2/9/04 Replaces: 4101:16-1-08 Eff 04/01/2005

4101:16-1-11 [Rescinded] Fees and insurance.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/04/2015
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.04, 4740.05, 4740.06, 4740.09, 4740.15
Prior Effective Dates: 11/15/2007

4101:16-1-12 [Rescinded] Reciprocity.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/04/2015
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.08, 4740.061, 4776.01, 4776.02, 4776.03, 4776.04
Prior Effective Dates: 01/01/2009

4101:16-1-13 [Rescinded] Inactive status.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/04/2015
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.05
Rule Amplifies: 4740.05, 4740.06
Prior Effective Dates: 01/01/2009

4101:16-1-14 [Rescinded] Criminal background check.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/04/2015
Promulgated Under: 119.03
Statutory Authority: 119.03, 4740.04, 4740.061
Rule Amplifies: 109.572, 4740.061, 4776.01, 4776.02, 4776.03, 4776.04
Prior Effective Dates: 01/01/2009