4101:16-1-12 Reciprocity.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Commerce

Agency Name

 

Ohio Construction Industry Licensing Board Jaymi R. Reynolds

Division                                                                  Contact

 

6606 Tussing Road P.O. Box 4009 Reynoldsburg OH614-752-7124        614-644-2618

43068-9009

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

 

 

4101:16-1-12

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Reciprocity.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB104               General Assembly: 127           Sponsor: Core

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 111.15

4.  Statute(s) authorizing agency to adopt the rule: 4740.05

5.  Statute(s) the rule, as filed, amplifies or implements: 4740.08, 4740.061, 4776.01, 4776.02, 4776.03, 4776.04

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

To update the requirements to obtain a license via reciprocity.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule details the requirements necessary to obtain a license via reciprocity. As a result of HB 104, the Ohio Construction Industry Licensing Board must require a criminal background check prior to issuance of a reciprocal license. The rule is being updated to include this requirement.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date: 4/1/2010

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No

Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

This would neither increase nor decrease revenue and/or expenditures. Any additional fees associated with obtaining a criminal background check would be paid by the applicant to the Bureau of Criminal Investigation and Identification (BCI) and not the Ohio Construction Industry Licensing Board.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The cost necessary for BCI to perform the background checks is $22 per transaction. However, according to Ohio Attorney General's Website some agencies or vendors choose to charge additional fees over and above this required cost in order to raise money for their particular organization - such fees can range from $5 to $40. The Ohio Construction Industry Licensing Board reports that customers have paid anywhere from $30 to $75 for both the local Ohio criminal background check as well as the FBI criminal background check.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No