Okla. Admin. Code § 158:60-3-2

Current through Vol. 42, No. 4, November 1, 2024

Section 158:60-3-2 - Hearings and Complaints

(a) The Committee may, upon its own motion or upon receipt of written complaint about a licensee or Political Subdivision, request an investigation be conducted regarding an alleged violation of the Oklahoma Inspectors Act or the related administrative rules. All Inspector investigations must be approved by the Committee. Complaints must:

(1) Be in writing;

(2) Provide adequate information, including but not limited to, the date when the alleged violation occurred, facts surrounding the event, name of the person(s) and/or Political Subdivision being complained against; and

(3) Provide any documented evidence to substantiate the complaint.

(b) Complaints on Authorized Providers may be made by a Political Subdivision as they will be recognizing any Authorized Provider's licensures for their jurisdiction.

(c) Any complaint on a person acting or performing as a Building and Construction Inspector without the proper license can be forwarded to the appropriate district attorney for prosecution.

(d) Any complaint toward an entity who employs an unlicensed person to perform the duties and responsibilities of a Building and Construction Inspector or who fails to notify the Construction Industries Board of the employment of an inspector shall be subject to an administrative fine following an investigation and hearing on the matter.

(e) Upon completion of an investigation by the Committee's designee, the results of the investigation will be presented to the Committee for them to determine if an individual proceeding is to be conducted. If the Committee approves a matter to be set for individual proceeding, the CIB Administrator will contact a hearing examiner to conduct the individual proceeding according to the Procedures of the Construction Industries Board's administrative rules in Title 158, Ch. 1.

(f) Notice of an individual proceeding will be served upon an individual licensee or for political subdivisions the mayor, city manager or city attorney according to the Procedures of the Construction Industries Board's administrative rules in Title 158, Ch. 1.

(g) Pursuant to the Construction Industries Board Act, the Oklahoma Inspectors Act, and Administrative Rules hearings shall occur as often as is necessary to enforce the requirements of the Inspectors Act and this Chapter. Hearings shall be conducted by an administrative hearing examiner who will render a proposed order on any fine, penalty or fee which will then be submitted to the Construction Industries Board to become a final order.

(h) After a proposed order by the impartial hearing examiner finding whether a violation occurred pursuant to the Oklahoma Inspectors Act with a recommendation of action as provided by the Oklahoma Inspectors Act, Construction Industries Board Act and/or the administrative rules is completed, it will be provided to the Administrator and then submitted to the Construction Industries Board pursuant to the Procedures of the Construction Industries Board administrative rules in Title 158, Ch. 1.

Okla. Admin. Code § 158:60-3-2

Adopted by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 10/1/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020