4101:16-3-05 Issuance of licenses to successful applicants.  

  • Text Box: ACTION: Original Text Box: DATE: 10/15/2008 3:40 PM

     

     

     

     

     

    NOTICE OF PUBLIC HEARING

     

     

    Pursuant to Ohio Revised Code § 119.03, notice is hereby given that the Ohio Department of Commerce, Division of Industrial Compliance, Ohio Construction Industry Licensing Board (OCILB) intends to amend Ohio Administrative Code §§ 4101:16-1-12, 4101:16-1-13, 4101:16- 2-02, 4101:16-2-03, 4101:16-2-04, 4101:16-3-05 and adopt new Ohio Administrative Code § 4101:16-1-14. OCILB will conduct a public hearing on the proposed rules on Wednesday, November 19, 2008, at 9:00 a.m. at the offices of the Division of Industrial Compliance, Training Room 2, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9009.

     

    The proposed rules are available by contacting the Ohio Division of Industrial Compliance at 6606 Tussing Road, Reynoldsburg, Ohio 43068-9009 or by calling OCILB at (614) 644-3493. The proposed rules are also available at the following websites:  http://www.com.state.oh.us/dic/dicocilb.htm or www.registerofohio.state.oh.us.

     

    The proposed rules are summarized as follows:

     

     

    ·         OAC 4101:16-1-02 - Public meeting (Amend)

     

    This rule details the procedures for the request of advance meeting notifications and outlines how the board holds public meetings.

     

    The purpose for this proposed amendment is to clarify the requirements for advanced notification of meetings, to correct the board's website address, and to adopt a parliamentary procedure.

     

     

    ·         OAC 4101:16-1-12 - Reciprocity (Amend)

     

    This rule details the standards used for reciprocity of a license.

     

    On March 24, 2008, HB 104 went into effect which requires a criminal background check be conducted prior to the issuance of licenses by certain agencies, including the Ohio Construction Industry Licensing Board (OCILB). The purpose for this proposed amendment is to incorporate the criminal background check requirement of HB 104 into OCILB's rules for the issuance of reciprocal licenses.

     

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    ·         OAC 4101:16-1-13 - Inactive Status (Amend)

    This rule provides the procedures for placing a license in inactive status, the requirements to maintain an inactive status license, and the procedures for removing a license from inactive status.

    The purpose for this proposed amendment is to remove language that provides for a notification to all building departments any time an inactive status license is granted.

    ·         OAC 4101:16-1-14 - Criminal background check (New)

    This proposed rule details the requirements needed to follow when getting a criminal records check.

    On March 24, 2008, HB 104 went into effect which requires a criminal background check be conducted prior to the issuance of licenses by certain agencies, including the Ohio Construction Industry Licensing Board (OCILB). The purpose for this proposed new rule is to set forth the procedures for obtaining a criminal background check.

    ·         OAC 4101:16-2-02 - Continuing education requirements - reporting (Amend)

    This rule details the requirements for reporting continuing education to the Board by approved training agencies.

    The purpose for this proposed amendment is to allow disapproval of a training agency by the Ohio Construction Industry Licensing Board (OCILB) to be discretionary, rather than mandatory, by deleting "shall" and replacing it with "may" in subsections (A) and (B) if a training agency fails to properly report information.

    ·         OAC 4101:16-2-03 - Training agencies (Amend)

    This proposed rule details the information necessary when applying to the board to be an approved training provider.

    The purpose for this proposed amendment is to remove the requirement that no licensee shall be given continuing education credit until the proper fees have been submitted; and to allow disapproval of a training agency by the Ohio Construction Industry Licensing Board (OCILB) to be discretionary, rather than mandatory, by deleting "shall" and replacing it with "may" in subsection (I) if a training agency fails to comply with the requirements detailed in the rule.

    ·         OAC 4101:16-2-04 - Continuing education - course approval (Amend)

    This rule details continuing education criteria necessary for approval.

    The purpose for this proposed amendment is to change the amount of days the training agency is required to report attendance upon completion of a course or program from seven (7) days to fourteen (14) days in subsection (G); to strike the reference to any member of "an appropriate specialty section" and replacing it with "the Ohio Construction Industry Licensing Board" when referring to who can determine whether a course or program is being conducted in accordance with the guidelines detailed in the rule; and to allow discretionary disapproval of a training agency by the Ohio Construction Industry Licensing Board (OCILB), rather than mandatory, by deleting "shall" and replacing it with "may" in subsection (J), when a training agency fails to comply with the requirements detailed in the rule.

    ·         OAC 4101:16-3-05 - Issuance of licenses to successful applicants (Amend)

    This rule details how and when the board will issue a license.

    On March 24, 2008, HB 104 went into effect which requires a criminal background check be conducted prior to the issuance of licenses by certain agencies, including the Ohio Construction Industry Licensing Board (OCILB). The purpose for this proposed amendment is to incorporate the criminal background check requirement of HB 104 into OCILB's procedures for issuing licenses.

    REGARDING THE PUBLIC HEARING

    At the public hearing, any person affected by the proposed actions may appear and be heard in person, by the person's attorney, or both, may present the person's position, arguments, or contentions, orally or in writing, offer and examine witnesses, and present evidence tending to show that the proposed rule or amendments, if adopted or effectuated, will be unreasonable or unlawful.

    The Ohio Department of Commerce is an equal opportunity service provider.

    For special accommodations, please contact the ADA coordinator at (614) 728-4292 at least one (1) week prior to the hearing.

    For the hearing impaired - TTY/TDD - (800) 750-0750