4101:16-1-10 Notice of renewal date and application for renewal.

Notice of Public Hearing

The Ohio Construction Industry Licensing board will hold a Public Hearing in accordance with Chapter 119 of the Ohio Revised Code on February 18, 2005 at 6606 Tussing Road, Reynoldsburg, Ohio in Training Room #1 at 11:30 a.m. The purpose of the hearing is consideration of proposed changes to help synchronize the rules with SB 179. The rules are as follows:

RULES TO BE RESCINDED:  4101:16-1-01, 4101:16-1-02, 4101:16-1-03, 4101:16-1-04, 4101:16-1-05, 4101:16-1-06,

4101:16-1-07, 4101:16-1-08, 4101:16-1-09, 4101:16-1-10, 4101:16-2-01, 4101:16-2-03, 4101:16-2-04, and 4101:16-4-

05. All rescinded rules have the same general scope, intent and purpose as those rules listed below. These rules are proposed for rescission so the below listed rules can be properly adopted for use in Ohio.

NEW RULES TO BE ADOPTED:

4101:16-1-01 Notice Of Administrative Rules Hearing-Specifies the manner sections of the board are required to post a public hearing notice when adopting, amending, and rescinding a rule; and what the public hearing notice must contain.

4101:16-1-02 Public Meeting-Adopted to clarify the provisions for public notification of meetings. Members of public/media shall be notified of date/time/location of regularly and specially scheduled meetings of O.C.I.L.B. Public notice of meetings shall be posted and the public/media can request advance notification of all meetings.

AMENDED RULES:  The following rules have content changes and have been renumbered.

4101:16-1-03 Definitions-Changes the name of the Ohio Construction Industry Examining Board to the Ohio Construction Industry Licensing Board and defines trade section, specialty contractor, and curriculum.

4101:16-1-04 Administrative Section Officers-Authorizes administrative section to do all things necessary to carry out intent and purpose of 4740 ORC unless action conflicts with authorization of trade sections under 4740 ORC.

4101:16-1-07 Notification Of Examination Results-Will require a passing grade on both sections of the exam to obtain licensure. Will also allow testing agency to notify individuals of exam results.

4101:16-1-10 Notice Of Renewal Date And Application For Renewal-Requires an application for renewal and that the license holder be provided a renewal application 90 days prior to expiration of the license.  Establishes criteria for approval of application (paid renewal fee, proof of insurance, completed continuing education requirements).

4101:16-1-11 Fees And Insurance-Will increase revenue to cover costs of continuing education program. Course application fee will be non-refundable. It will establish a non-refundable fee of $1 per credit hour of instruction per attendee.  Licenses in inactive status will not be required to have liability insurance until reactivated.

4101:16-1-12 Reciprocity-Updated by providing for written agreement signed by trade section and other states for reciprocity agreement to allow acceptance of licenses between states.

4101:16-1-13 Inactive Status-Provides for placing license in inactive status including prohibitions, renewal, continuing education requirements, and return to active status.

RULES AMENDED BY RENUMBERING:

4101:16-1-05 Annual Report To The Director Of Commerce-Requires an annual written report of board proceedings to the Director of Commerce.

4101:16-1-06 Annual Fiscal Statement-Requires an annual fiscal report to the director of commerce within 30 days of the end of the fiscal year.

4101:16-1-08 Display Of License-States locations where license should be displayed and has no changes in language.

4101:16-1-09 Replacement Of A License-States provisions for replacing a license without any change in language.

AMENDED RULES:

4101:16-2-01 Continuing Education - Hours Of Instruction Requirements-Allows a licensee one year from expiration date to file for late renewal. License may be reactivated if all renewal requirements are met. Will allow trade sections to extend or waive continuing education requirements.

4101:16-2-02 Continuing Education Requirements - Reporting-Prevents continuing education credit from being issued if fees not submitted with course roster. It also changes penalty for falsifying information from license revocation to disciplinary action. In addition, the administrative section "may" rather than "will" remove training agencies from approved list for failure to notify board of class changes or providing false attendance reports.

4101:16-2-03 Training Agencies-Improves the operation of the board by transferring authority of training agency application review from trade sections to the administrative section. Language that will require specific application information be required for training agencies. Establishes one year approval period as training agency, prevents license issuance unless fees are paid, establishes application timeframe, prevents advertisement of classes until approval given and grants authority to disapprove or non-renew training agencies for non-compliance of related rules.

4101:16-2-04 Continuing Education - Course Approval-Specifies requirements for courses of study for approved training agencies including timelines for submittal of courses, allowance of computer based education only in proctored classrooms, prepayment for course applications, location criteria, time limits, approvals, instructor qualifications and reporting requirements.

4101:16-3-01 Examination For License: Definitions-Clarified to define "engineer" according to chapter 4733 ORC and specify "business experience" as being at least three years in the construction industry for qualification purposes.

4101:16-3-02 Qualifications To Take Licensing Examination-Allows legal resident aliens and individuals with three years of business experience in the construction industry to take exam. Clarifies required trade experience and three years business experience needed.  Also removes "business" from five-year construction industry experience requirement.

4101:16-3-03 Application Procedures For Taking Licensing Examination-This rule authorizes the  administrative section to approve fees charged by the testing agencies to the test applicant or set them in contract. There are no other changes in language, which establish exam application procedures.

4101:16-3-04 Examinations-Allows: testing agency to select exam sites; approved applicant to select test date and the administrative section designees to monitor test; specifies that the administrative, specialty trade section and testing agency provide exam; allows testing agency to provide exams other than in the English language; defines exam as being in two parts and applicant is required to pass both; applicant has one year to pass both parts. Rule states procedures for administering, taking and scoring of exam.

4101:16-3-05 Issuance Of Licenses To Successful Applicants-Requires fees and proof of insurance be received prior to issuing license. Also makes assigning a license to business the option of the licensee. Rule authorizes administrative section to issue license and states information the license must contain.

4101:16-3-06 Renewal Of License-Allows renewal of license if required fees, continuing education and maintaining of insurance have been met. Allows suspended license to be reactivated if criteria met. Requires person to be notified of denial of late renewal request. Specifies that granting of late renewal is not valid until licensee has complied with conditions.

4101:16-4-01 Investigations Of Complaints; Time Limitation-Specifies an increase from one to three years that written complaints can be filed. The rule allows signed complaints against license holders and those acting or claiming to be licensed pursuant to 4740 ORC to be investigated.

4101:16-4-02 Complaint Review-Allows appropriate specialty section to determine validity of complaint. After review and investigation, adjudication hearing shall be scheduled if discipline is warranted against licensed contractor. Provides for investigation of signed written complaints against unlicensed individuals. Sections may ask Attorney General to file civil action to appropriate court where unlicensed person resides for temporary restraining order or permanent injunction. Sections may also refer written complaints to local prosecutor for criminal charges. This rule is adopted to clarify the provisions of SB 179 relating to violations.

4101:16-4-03 Criteria For Disciplinary Action Against A License-Allows imposing of additional continuing education hours or fines on applicant or licensee for violations. It includes deception as criteria for violation in obtaining license, having someone else take exam as violation. Provides opportunity for adjudication hearing if suspension, additional continuing education, or fine involved. This rule lists the violations that can result in specialty section taking disciplinary actions.

4101:16-4-04 Adjudication Hearings-This amended rule provides for opportunity of adjudication hearing prior to imposing fine or additional continuing education hours. Allows sections designee to continue hearing to later date. Licensee may be granted continuance for hearing if requested in writing. This rule specifies the procedures for conducting adjudication hearings and reporting of results.

Any person affected by the amended, rescinded or new rules may appear and be heard in person, through their attorney or both. They may present their positions, arguments or contentions orally or in writing; offer and examine witnesses and present evidence to show that the rule changes, if effectuated, will be unreasonable and unlawful.

Copies of the full text of the proposed changes were filed with the Register of Ohio http://www.registerofohio.state.oh.us thirty days prior to the date set for this hearing. A copy of the proposed rules is available in printed form at the office of the Ohio Construction Industry Licensing Board, 6606 Tussing Road, Reynoldsburg, Ohio, 43068 or by request to Steve DeBolt, Board Administrator at [phone].