Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4101:16-3 | Examinations; Continuing Education; Adjudication Hearings

 
 
 
Rule
Rule 4101:16-3-01 | Approval of training agencies.
 

(A) Only training agencies approved by the administrative section may submit requests to the appropriate specialty section to conduct continuing education courses for individuals holding a license pursuant to Chapter 4740. of the Revised Code.

(B) A training agency shall apply to the administrative section on a form prescribed and furnished by the administrative section with the required fee as set forth in paragraph (B)(3) of rule 4101:16-2-09 of the Administrative Code. The training agency shall provide the following information to the administrative section on the application form prescribed by the administrative section:

(1) Name, address, email address, facsimile number, and telephone number of the training agency;

(2) Name, address, email address, facsimile number, and telephone number of the owner(s) of the training agency;

(3) Information on whether an owner of the training agency is a local or state inspector and whether the owner's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005;

(4) A description of the purpose of the agency;

(5) Name of the education coordinator;

(6) Information of the accreditation of the training agency;

(7) Policy regarding attendance and procedure for record keeping of attendance;

(8) Acknowledgment that the training agency will adhere to the specialty section's rules, procedures, and standards as set forth in this rule or rules 4101:16-3-02 and 4101:16-3-03 of the Administrative Code; and

(9) Any other information that the administrative section deems necessary.

(C) The administrative section or the board's secretary shall maintain a current listing of all approved training agencies that provide continuing education for applicable specialty contractors.

(D) The administrative section shall notify the training agency of its approval or disapproval of the training agency's application within ten business days after the administrative section has reviewed the application.

(E) A training agency approval is valid for a period of one year.

(F) An approved training agency shall pay the annual fees required pursuant to section 4740.04 of the Revised Code and paragraphs (B)(1), (B)(2), and (B)(3) of rule 4101:16-2-09 of the Administrative Code. Such fees shall be submitted to the board's secretary with the attendance reports.

(G) A training agency shall file its renewal application for approval not more than sixty days nor less than thirty days prior to the expiration of the previous approval.

(H) No training agency shall advertise or otherwise notify any licensee that a course of study or program of instruction has been approved by the appropriate specialty section until such course or program has been approved. Any advertisement or notification to licensees shall specifically state the appropriate specialty section that has approved the course of study or program of instruction.

(I) Any training agency that engages in fraud, misrepresentation, or deception in obtaining an approval under this rule or rule 4101:16-3-03 of the Administrative Code, engages in fraud, misrepresentation, or deception in the conduct of business, or that fails to comply with this rule or rules 4101:16-3-02 and 4101:16-3-03 of the Administrative Code may be disapproved or not renewed. Any training agency that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

Last updated May 13, 2022 at 8:35 AM

Supplemental Information

Authorized By: 4740.04, 4740.05
Amplifies: 4740.04, 4740.05
Five Year Review Date: 5/13/2027
Prior Effective Dates: 8/1/1993, 9/4/1998, 4/1/2005
Rule 4101:16-3-02 | Continuing education requirements - reporting.
 

(A) An approved training agency shall provide to the appropriate specialty section a roster of all individuals holding a license pursuant to Chapter 4740. of the Revised Code that attended an approved continuing education course or program of instruction and the fees required by rule 4101:16-2-09 of the Administrative Code. The roster and the required fees must be submitted within fourteen calendar days of the date of completion of the course or program of instruction. The roster shall be provided to the board on the form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The roster shall contain any information the appropriate section deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in disapproval or non-renewal of a training agency's approval.

(B) An individual holding a license pursuant to Chapter 4740. of the Revised Code that falsifies information pertaining to the completion of the continuing education requirements may be subject to disciplinary action against their license pursuant to section 4740.10 of the Revised Code and rule 4101:16-1-06 of the Administrative Code.

(C) An approved training agency that fails to notify the board of the date, time, and place of the continuing education course/program or falsely reports attendance, the number of hours attended by a licensee, or completion of an approved continuing education course/program by a licensee may be removed from the approved training agency list maintained by the administrative section or the board's secretary pursuant to rule 4101:16-3-01 of the Administrative Code.

Last updated May 13, 2022 at 8:36 AM

Supplemental Information

Authorized By: 4740.04, 4740.05
Amplifies: 4740.04, 4740.05
Five Year Review Date: 5/13/2027
Prior Effective Dates: 4/1/2005
Rule 4101:16-3-03 | Continuing education - course approval.
 

(A) Continuing education course criteria.

(1) The appropriate specialty sections shall approve a course of study or program of instruction offered for continuing education purposes within the curriculum pursuant to this rule only if the training agency has been approved by the administrative section and the training agency submits the nonrefundable fees as set forth in rule 4101:16-2-09 of the Administrative Code. No training agency may conduct the course of study or program of instruction for credit unless the administrative section has approved that training agency and the course has been approved by the appropriate specialty section.

(2) If the training agency fails to submit its course application as set forth in this rule, the specialty sections may not consider such application at its next regular scheduled meeting. The training agency shall submit its application for a course approval not less than sixty calendar days nor more than one year prior to the date of the course or program offering. No application for a course of study or program of instruction for continuing education shall be approved by the appropriate specialty section unless such course or program meets the curriculum as defined in this rule. The application shall be on forms prescribed and furnished by the appropriate specialty section.

(3) Online or computer-based courses.

(a) For purposes of this chapter, "online or computer-based courses" means any e-learning, online, electronic, computer-based, or similar course or program that is designed to teach or educate using electronic media of some form, typically employing the use of the internet. "Online or computer-based courses" does not include courses offered on VHS, DVD, or similar non-interactive media.

(b) Online or computer-based courses will only be approved in accordance with paragraph (A)(5) of this rule, but shall not account for more than half of the continuing education hours required for license renewal for each licensee.

(4) The appropriate specialty section, when acting upon an application for approval of a course of study or program of instruction, will consider, but not be limited to, the following criteria:

(a) The application shall contain the following:

(i) Name, address, email address, facsimile, and telephone number of the training agency;

(ii) The policy regarding attendance and the procedure used for record keeping of attendance;

(iii) The date(s), location, and time that the course/program will be offered;

(iv) Name, address, email address, facsimile, telephone number, and occupation of proposed instructors;

(v) Rsum of the proposed instructors detailing their experience and qualifications and the rsum of any alternate proposed instructors;

(vi) The content of the course/program;

(a) Title of the course/program;

(b) Educational objective of the course/program;

(c) Textbooks and student materials prescribed;

(d) Outline or syllabus that contains a brief description of the course/program; and

(e) Duration of time of the course/program.

(vii) Sample of the proposed advertising or written notice of the course/program;

(viii) Fee for course/program;

(ix) A description of the physical facility in which the course or program of instruction is offered, unless the course or program is online or computer-based; and

(x) Such other information as the appropriate specialty section may request.

(b) The suitability of the physical settings of the programs offered by the training agency, unless the course or program is online or computer-based;

(c) Demonstrated adherence to specialty section rules, procedures, and standards; and

(d) The electronic and technological capacity of the training agency to provide the appropriate specialty section with attendance information, course information, and any other information the specialty section deems necessary to be received electronically.

(5) In addition to considering the criteria set forth in paragraph (A)(4) of this rule, the appropriate specialty section, when acting upon an application for approval of a course of study or program of computer-based or online instruction, shall not approve the course/program unless it also complies with the following criteria:

(a) The course is designed to assure that participants are actively engaged in the instructional process while completing the course by utilizing techniques that require participant interaction with the computer program;

(b) If in each unit of instruction there is no activity from the participant after thirty minutes of instruction time, the course will shut down and the participant will have to begin from the beginning of the unit;

(c) The provider utilizes procedures that provide reasonable assurance of participant identity and that the participant receiving the continuing education credit for completing the course actually performed all of the work required to complete the course; and

(d) The provider utilizes a clock or timer on each screen that accurately records the course completion time to ensure course time equals the amount of continuing education credit hours received.

(B) No course of study or program of instruction will be approved by the specialty sections of the board in which classroom instruction exceeds ten classroom hours of instruction in any one day.

(C) The approval of a course of study or program of instruction is valid for one year. Provided that the training agency renews, or the administrative section approves the renewal of a training agency, then the approval of a course of study or program of instruction by that agency shall be valid for one year unless such training agency fails to renew or the administrative section does not approve the renewal of the training agency.

(D) Instructors, seminar and conference leaders, lecturers, and others who present materials at a course or program must have five years of full-time experience in a profession, trade, or technical occupation in the subject matter being taught. In addition, no continuing education course will be approved if an instructor of a proposed course is a local or state inspector and the instructor's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005.

(E) Upon approval of a course of study or program of instruction by the appropriate specialty section, the section shall notify the training agency of the approval.

(F) An instructor may receive continuing education credit for the number of unduplicated subject matter hours instructed.

(G) An approved training agency shall provide the appropriate specialty section with a roster of attendees of a provided course or program within fourteen calendar days of completion of the course or program. The roster shall be provided to the appropriate specialty section by a posting on the Ohio construction industry licensing board website in a manner and form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The roster shall contain any information the appropriate specialty section deems appropriate.

(H) An approved training agency shall notify the appropriate specialty section in writing, within fourteen calendar days of the date of an approved course offering, of any cancellation or changes to the course date, time, or location of a course or program. If the training agency is proposing to change the content of a course or program or an approved instructor with an instructor that has not been approved for the course or program, the training agency shall comply with paragraph (K) of this rule before such course or program shall be offered.

(I) Any member of the Ohio construction industry licensing board or their designees may attend a course or program being offered by an approved training agency in order to determine whether the course or program is being conducted in accordance to approved guidelines and procedures established in this rule.

(J) Any training agency that fails to comply with this rule or rules 4101:16-3-01 and 4101:16-3-02 of the Administrative Code may be disapproved or not renewed. Any training agency that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

(K) If the change to the approved course/program materially alters the contents of the course/program initially approved by the specialty section, or if an approved instructor(s) is not available to teach the course or program, the training agency may not hold that course/program if the training agency receives approval for the changes from the appropriate specialty section.

Last updated May 13, 2022 at 8:36 AM

Supplemental Information

Authorized By: 4740.04, 4740.05
Amplifies: 4740.04, 4740.05
Five Year Review Date: 5/13/2027
Prior Effective Dates: 3/24/2003, 11/15/2007