Chapter 4101:16-4 Discipline

4101:16-4-01 Investigations of complaints; time limitation.

(A) 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. The appropriate specialty section shall act only on written complaints that are signed by the complainant and that are received within three years after the date of action or event upon which the complaint is based.

Eff 3/24/03; 2/9/04; 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.04 , 4740.05 , 4740.10
R.C. 119.032 review dates: 01/14/2005 and 04/01/2010

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

4101:16-4-03 Criteria for 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 found guilty of a misdemeanor involving moral turpitude;

(2) Been found guilty of a felony;

(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 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; and

(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.

(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 specialty section that the applicant has done any of the following:

(1) Been found guilty of a misdemeanor involving moral turpitude;

(2) Been found guilty of a felony;

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

(4) 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.

Effective: 11/15/2007
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.04 , 4740.05 , 4740.10
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 2/16/04, 4/1/05

4101:16-4-04 Adjudication hearings.

The appropriate specialty section shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Ohio Revised Code.

(A) Prior to the denial, revocation, imposition of a fine or additional continuing education courses or suspension, or a combination thereof of a license issued pursuant to Chapter 4740. of the Revised Code, the appropriate specialty section shall notify the licensee or applicant of their right to request a hearing on the proposed action. The notice shall be in writing and sent by certified mail, return receipt requested.

(B) The notice shall include:

(1) The charges or reasons for the proposed action;

(2) The applicable laws or rules directly involved; and

(3) A statement informing the licensee or applicant that:

(a) The licensee or applicant is entitled to a hearing if requested within thirty days of the date the notice was mailed;

(b) The licensee or applicant may appear in person or be represented by an attorney;

(c) The licensee or applicant may choose to present their position, argument, or contentions in writing; and

(d) The licensee or applicant may present evidence, and examine witnesses appearing on the licensee or applicant's behalf and cross-examine the appropriate specialty section's witnesses at the hearing.

(C) Upon receiving a written request for hearing from the licensee or applicant, the section or its designee shall immediately set the date, time, and location of the hearing. The date set for hearing shall be within seven and fifteen days of receiving the request for hearing, unless continued by the section or its designee on its own motion or continued by agreement of both parties.

(D) The appropriate specialty section or the secretary of the board may issue subpoenas for any witnesses or to compel the production of any books, records, or papers in accordance with section 119.09 of the Ohio Revised Code upon request of the licensee, applicant, a member of the board, or legal counsel to the board. Such request for subpoenas shall be made no later than fourteen days prior to the date of the adjudication hearing. The service and enforcement of subpoenas shall be made in accordance with section 119.09 of the Ohio Revised Code.

(E) A licensee or representative of the licensee may request a continuance of the scheduled hearing by submitting a written request no later than fourteen days prior to the scheduled hearing date. The appropriate section or the board secretary may grant a continuance upon good cause.

(F) All adjudication hearings shall be conducted in accordance with the procedures described in section 119.09 of the Ohio Revised Code.

(G) Following an adjudication hearing in which an order to revoke, suspend or deny a license, or to impose a fine or additional continuing education or any combination thereof is entered in the appropriate specialty section's records, the appropriate specialty section shall notify the administrative section of this action. The administrative section or the board secretary shall serve upon the affected individual the order of the appropriate specialty section. The order shall include notification to the adversely affected individual of the right to appeal the decision of the section to the court of common pleas as provided in section 119.12 of the Revised Code. The notice of the order shall be served by certified mail, return receipt requested.

Replaces: former 4101:16-2-06 in part; Eff 8-1-93; 9-4-98; 3-24-03; 2-9-04; 4-1-05
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.04 , 4740.05 , 4740.10
RC 119.032 review date: 01/14/2005 and 04/01/2010

4101:16-4-05 Inactive status license. [Rescinded].

Rescinded eff 4-1-05