Okla. Admin. Code § 158:85-10-1

Current through Vol. 41, No. 24, September 3, 2024

Section 158:85-10-1 - Authority and procedures

(a)Enforcement authority. Pursuant to 59 O.S. Section 1151.4, the Construction Industries Board shall have the authority to administer and enforce the provisions of the Roofing Contractor Registration Act, including the authority to:

(1) Conduct investigations on roofing applications, registrations and endorsements for compliance with the provisions of the Roofing Contractor Registration Act, and of the rules of the Board promulgated pursuant thereto, and allegations of violations by written complaint or otherwise;

(2) Issue to any person, who violates any of the provisions of the Roofing Contractor Registration Act or any rule promulgated pursuant thereto, a written warning or administrative citation of Five Hundred Dollars ($500.00) on a first violation for a residential job. For any residential job the Board may; for any second administrative citation issued levy an administrative fine not to exceed One Thousand Dollars ($1,000.00); on a third violation, levy an administrative fine not to exceed Three Thousand Five Hundred Dollars ($3,500.00); and for any additional subsequent violation, revoke the registration and commercial roofer endorsement, if any. Issue to any person, who violates any of the provisions of the Roofing Contractor Registration Act or any rule promulgated pursuant thereto, an administrative citation of Five Hundred Dollars ($500.00) on a first violation for a commercial job. For any commercial job the Board may; for any second offense issue a One Thousand Dollars ($1,000.00) administrative citation; on a third violation of a commercial job issue an administrative citation of up to five percent (5%) of the commercial job, but not to exceed Five Thousand Dollars ($5,000.00); and for any additional subsequent violation, revoke the registration and commercial roofer endorsement.

(3) Initiate administrative or disciplinary proceedings and provide hearings on any person who violates any of the provisions of the standards of the Roofing Contractor Registration Act or any rule promulgated pursuant thereto,

(4) Investigate written complaints, as described in 59 O.S. § 1151.14, and any roofing project and any person to the extent necessary to determine if the person is engaged in the violation of the provisions of the Roofing Contractor Registration Act, including unlawful, unregistered, or unendorsed activity. The Construction Industries Board may refer the matter for misdemeanor prosecution, whether or not the person ceases the unlawful and/or unregistered activity;

(5) Initiate disciplinary proceedings and administrative individual procedures against any person, request prosecution of and initiate injunctive proceedings against any person who violates any of the provisions of the Roofing Contractor Registration Act or any rule promulgated pursuant to the Roofing Contractor Registration Act;

(6) Reprimand or place on administrative probation, or both, any holder of a registration pursuant to the Roofing Contractor Registration Act.

(7) Investigate written complaints alleging gross defects in workmanship in a roofing contractor project that must be submitted in writing setting forth an explanation of the risks of serious harm or injury to a person, or monetary damages in excess of Five Thousand Dollars ($5,000.00) caused unjustly, pursuant to 59 O.S. § 1151.14(A)(15), and must include a verified written estimate by a registered roofing contractor, or another person whose estimate is based on a registered roofing contractor's estimate, describing the damage, cost to repair and the residential code or commercial building code violation.

(b)Procedures.

(1) Upon investigation, the registrar may issue citation for violations of the Act or rules.

(2) The citations will provide the administrative hearing date. Citations may be paid in advance of the hearing date and the hearing and personal appearance waived.

(3) For citations that are referred to the office of the district attorney in the county in which the violations occurred, the district attorney will determine the hearing date and the procedures for that case.

(4) Any administrative hearing on suspensions, revocations or fines shall be conducted by a hearing examiner appointed by the Construction Industries Board, held in accordance with the provisions of the Act, the Article II of the Administrative Procedures Act, the Construction Industries Board Act, and the rules promulgated thereto.

(5) Any person whose registration or endorsement has been revoked may, after the expiration of one (1) year from the date of such revocation, but not before, apply for a new endorsement and registration.

(6) Notwithstanding any other provision of law, a political subdivision of this state that has adopted a nationally recognized building code and appointed an inspector pursuant to state or local law for such work shall have jurisdiction over the interpretation of the code and the installation of all roofing work done in that political subdivision. Provided, a state inspector may work directly with a roofing contractor in such a locality if a violation of the code creates an immediate threat to life or health.

(7) In the case of a complaint about, investigation of, or inspection of any license, registration, permit or roofing in any political subdivision of this state which has not adopted a nationally recognized building code and has not appointed an inspector pursuant to state or local law for such work, the Construction Industries Board shall have jurisdiction over such matters.

(8) Any proposed or final order or notice of hearing to the last known address of record shall be considered delivered when deposited in the United States mail and/or sent registered or certified or post office receipt secured. Any other communication to the last known address or record of a registrant shall be considered delivered when deposited in the United States mail, regular mail;

(9) Disciplinary action taken against any other professional registration, endorsement, or license held by the registrant in this jurisdiction or any other jurisdiction is grounds for investigation and disciplinary action against the registration issued pursuant to the Roofing Contractor Registration Act.

Okla. Admin. Code § 158:85-10-1

Adopted by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015