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Ohio Administrative Code (Last Updated: January 12, 2021) |
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4781 Ohio Manufactured Homes Program |
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Chapter4781-8. Licensing |
4781-8-03. Denial, revocation, suspension of licenses
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(A) The division may deny, suspend, revoke, or refuse to renew the license of any manufactured home installer for any of the following reasons:
(1) Failure to meet the requirements for a license or renewal of a license under section 4781.08 of the Revised Code;
(2) Failure to meet the continuing education requirements for renewal of a license under section 4781.10 of the Revised Code;
(3) Violation of Chapter 4781. of the Revised Code or the rules promulgated thereunder;
(4) Misrepresent the applicant's qualifications or makes any misrepresentation in an application for a license or renewal of a license;
(5) Installing manufactured homes in Ohio without an active license or without being under the supervision of a licensed manufactured housing installer;
(6) Fail to cooperate in an investigation or fail to comply with any final adjudication order of the division issued pursuant to this chapter;
(7) Been convicted of a crime of moral turpitude or a disqualifying offense as those terms are defined in section 4776.10 of the Revised Code. Disqualifying offenses must bear a direct nexus to the employment sought, as determined by the division or the division's designee. Disqualifying offenses include:
(a) Forgery (section 2913.31 of the Revised Code);
(b) Trademark counterfeiting (section 2913.34 of the Revised Code);
(c) Fraud (section 2913.40, 2913.42, 2913.45, 2913.47, 2913.48, or 2913.49 of the Revised Code);
(d) Receiving stolen property (section 2913.51 of the Revised Code);
(e) Bribery (section 2921.02 of the Revised Code);
(f) Theft in office (section 2921.41 of the Revised Code);
(g) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);
(h) Soliciting or accepting improper compensation (section 2921.43 of the Revised Code);
(i) Engaging in a pattern of corrupt activity (section 2923.32 of the Revised Code);
(j) Money laundering (division (A) of section 1315.55 of the Revised Code); or
(k) Criminal negligence (section 2901.21 of the Revised Code).
(8) Having had a license revoked or denied under paragraphs (A)(2) to (A)(13) of this rule, by the division during the preceding two years;
(9) Having had a license revoked, suspended, or denied by another state or jurisdiction within the preceding two years;
(10) Engage in conduct in another state or jurisdiction that would violate Chapter 4781. of the Revised Code if committed in this state;
(11) Fail to provide written notification of installation to a county treasurer or auditor in violation of division (D) of section 4781.11 of the Revised Code;
(12) Violation of the code of ethics for manufactured home installers; or
(13) Fail to supervise an installation of an unlicensed person who is performing work on behalf of the licensee.
(B) In addition to or in lieu of suspending, revoking, or refusing to renew a manufactured home installer's license for violation of Chapter 4781. of the Revised Code or any rule adopted thereunder, the division may impose a fine not exceeding one thousand dollars per violation per day.
(C) Any person whose license or license application has been revoked, suspended, denied, not renewed , or upon whom a civil penalty is imposed under this rule may request an adjudication hearing on the matter. The request for an adjudication hearing must be received by the division within thirty days from the date the notice of the action was mailed. The hearing shall be held in accordance with Chapter 119. of the Revised Code. A licensee or applicant adversely affected by an adjudication order issued pursuant to this rule shall have a right to appeal pursuant to section 119.12 of the Revised Code.
(D) Reapplication after revocation, denial, or suspension.
(1) Any person whose license has been revoked may apply for a new license two years after the date on which the license was revoked .
(2) Any person whose license has been suspended for a period determined by the division may apply for renewal of the license within thirty days of the end of the suspension period.
(3) Any person whose license has been denied under paragraphs (A)(2) to (A)(13) of this rule may apply for a license two years after the date on which the license was denied.
(E) Upon revocation or non-renewal, the person shall return the license certificate and identification card to the division within three days after receipt of the notice of revocation or non-renewal.