Oklahoma § 59-1000.4 - Rules - Powers and duties - Fines, penalties, and fees

§ 59-1000.4. Rules - Powers and duties - Fines, penalties, and fees

- Appeals.

A. 1. Pursuant to and in compliance with Article I of the

Administrative Procedures Act, the Construction Industries Board

shall have the power to adopt, amend, repeal, and promulgate rules

as may be necessary to regulate the plumbing, electrical, roofing,

and mechanical trades, building and construction inspectors and home

inspectors. All rules promulgated by the Board shall be reviewed

and approved as provided in subsection F of Section 308 of Title 75

of the Oklahoma Statutes.

2. The Board shall have the power to enforce the provisions of

the Construction Industries Board Act, The Plumbing License Law of

1955, the Oklahoma Inspectors Act, the Electrical License Act, the

Mechanical Licensing Act, the Home Inspection Licensing Act, and the

Roofing Contractor Registration Act, as provided in the respective

acts.

B. The Board shall have the following powers:

1. Exercise all incidental powers and duties which are

necessary to effectuate the provisions of The Plumbing License Law

of 1955, the Oklahoma Inspectors Act, the Electrical License Act,

the Mechanical Licensing Act, the Home Inspection Licensing Act, and

the Roofing Contractor Registration Act, including but not limited

to authorizing the Board chair, vice-chair, administrator, or

designee to determine good reason for and to cancel a scheduled

meeting or reschedule meetings of a licensing or registration act

advisory examining committee of the Board pursuant to state

requirements. Such canceling or rescheduling meetings authority

provided for in this section shall supersede all other meeting

scheduling requirements for acts administered by the Board;

Oklahoma Statutes - Title 59. Professions and Occupations

2. Serve as a code variance and appeals board for the trades

and industries it regulates which do not have statutory code

variance and appeals boards;

3. Order or subpoena the attendance of witnesses, the

inspection of records and premises, and the production of relevant

books and papers for the investigation of matters that may come

before the Board;

4. Initiate disciplinary proceedings, request prosecution of

and initiate injunctive proceedings against any person who violates

any of the provisions of The Plumbing License Law of 1955, the

Oklahoma Inspectors Act, the Electrical License Act, the Mechanical

Licensing Act, the Home Inspection Licensing Act, and the Roofing

Contractor Registration Act;

5. Maintain an administrative staff including, but not limited

to, a Construction Industries Administrator whose appointment shall

be made as provided in Section 1000.6 of this title;

6. Establish and levy administrative fines and penalties for

violations of law or rule in the trades and industries the Board

licenses or regulates or against any person or entity denying the

Board or its representatives access to a job site for purposes of

enforcing any of the provisions of The Plumbing License Law of 1955,

the Oklahoma Inspectors Act, the Electrical License Act, the

Mechanical Licensing Act, the Home Inspection Licensing Act, or the

Roofing Contractor Registration Act; provided, however, the Board is

not authorized to inspect or issue administrative violations or

fines for public utilities, public service corporations, intrastate

gas pipeline companies, gas gathering pipeline companies, gas

processing companies, rural electric associations, municipal

utilities or their subsidiaries, chemical plants, gas processing

plants or petroleum refineries where the entity uses their employees

or contractors to work on their own facilities or equipment;

provided further, that any fines established by the Board pursuant

to the authority granted in this subsection for any second or

subsequent violation of a law or rule shall be set at five times the

amount of the fine set by the Board for initial violations. The

Board shall amend its rules to be consistent with the fine amounts

set forth herein;

7. Direct such other expenditures as may be necessary in the

performance of its duties including, but not limited to,

expenditures for office space, equipment, furnishings and contracts

for legal services. All expenditures shall be made pursuant to the

Oklahoma Central Purchasing Act; and

8. Enforce provisions of the plumbing, electrical and

mechanical codes as adopted by the Oklahoma Uniform Building Code

Commission pursuant to the Oklahoma Uniform Building Code Commission

Act.

Oklahoma Statutes - Title 59. Professions and Occupations

C. The Board shall account for all receipts and expenditures of

the monies of the Board, including annually preparing and publishing

a statement of receipts and expenditures of the Board for each

fiscal year. The Board's annual statement of receipts and

expenditures shall be audited by the State Auditor and Inspector or

an independent accounting firm in accordance with the provisions of

subsection B of Section 212 of Title 74 of the Oklahoma Statutes,

and the audit report shall be certified to the Governor of this

state to be true and correct, under oath, by the chair and vicechair of the Board. A copy of such certified report, if not already

available online, shall be delivered to the chairs of the respective

Senate and House of Representatives Committees having authority over

matters relating to business, labor and construction industry

licensing or regulation not later than February 1 each year.

D. The Board shall account for all fines, penalties and fees

assessed and collected pursuant to the Administrative Procedures Act

or any rule promulgated for regulation of any industry and trade

under the authority of the Construction Industries Board. All

fines, penalties and fees assessed for any violation of law or rule

shall be automatically reviewed and brought before the entire Board

for consideration and vote not later than ninety (90) days from

which it was imposed. The Construction Industries Administrator

shall present to the Board a written recommendation and summary for

each case in which an assessment of a fine, penalty or fee was

imposed after administrative proceedings. The Board shall consider

the recommendations for each case at the next meeting date and at

such meeting shall either vote to affirm the recommendations or vote

to deny the recommendations and remand the case for further

administrative hearing, with or without instructions. No

administrative case shall be delayed or continued by the Board after

being placed on an agenda for final Board review, except with the

consent of all parties. The licensee or persons affected by the

imposition of an administrative fine, penalty or fee on final review

by the Board shall have all rights of appeal preserved pursuant to

the Administrative Procedures Act until final action by the Board.

Collection of unpaid, finalized administrative fines by the Board,

directly or through contracted services unless otherwise provided in

law, may be sought beginning ninety (90) days after final

disposition and order of the matter through the processes

established by this act and the Administrative Procedures Act.

E. The Construction Industries Board shall hear all appeals

timely made from an administrative ruling relating to an industry

and trade regulated by the Board; however, this appeal authority

shall not be in addition to the appeal process authorized by the

Administrative Procedures Act. Any ruling by the Board from an

administrative hearing may be further appealed to the district court

of Oklahoma County. The district court, upon conclusion of an

Oklahoma Statutes - Title 59. Professions and Occupations

appeal from a Board ruling, shall be authorized to award reasonable

legal fees to the prevailing party.

Added by Laws 2001, c. 394, § 4, eff. July 1, 2001. Amended by Laws

2002, c. 457, § 1, eff. July 1, 2002; Laws 2003, c. 318, § 4, eff.

Nov. 1, 2003; Laws 2004, c. 163, § 1, emerg. eff. April 26, 2004;

Laws 2008, c. 405, § 11, emerg. eff. June 3, 2008; Laws 2009, c.

439, § 12, emerg. eff. June 2, 2009; Laws 2010, c. 413, § 20, eff.

July 1, 2010; Laws 2012, c. 304, § 272; Laws 2013, c. 332, § 4; Laws

2023, c. 185, § 2, eff. July 1, 2023; Laws 2025, c. 321, § 1, eff.

Nov. 1, 2025.

§59-1000.4a. Additional powers - Skilled Trade Education and

Workforce Development Fund.

A. The Construction Industries Board shall have the additional

powers to:

1. Receive and convey information relating to the skilled

trades regulated by the Construction Industries Board including, but

not limited to, workforce development; and

2. Enter into contracts with the Oklahoma Department of Career

and Technology Education, any Oklahoma State Board of Career and

Technology Education fully accredited vocational or technical

school, or any accredited system of education institution in this

state receiving state appropriations and offering programs in

secondary or postsecondary instruction that provide electrical,

mechanical, plumbing or roofing trade coursework for any of the

following purposes, or combination thereof:

a.

developing and implementing instructional courses on

Oklahoma Statutes and rules that govern the

electrical, mechanical, plumbing and roofing trades,

which courses can be in conjunction with instruction

in performing trade work or instruction on statewideadopted trade codes, or both, for the advancement of

the electrical, mechanical, plumbing and roofing

trades, or

b.

developing and implementing a workforce development

program that will create interest in the pursuit of a

skilled trade career. The workforce development

program may consist of, but shall not be limited to,

use of the Internet, community and school

presentations, research and instruction on the

electrical, mechanical, plumbing and roofing trades,

and may be implemented through public awareness and

public information campaigns to promote skilled trades

and skilled trade careers as provided in this section.

B. All contracts pursuant to this section shall be approved by

the Construction Industries Board in accordance with the Oklahoma

Open Meeting Act. Costs of the contracts for education and

Oklahoma Statutes - Title 59. Professions and Occupations

workforce development programs shall be paid from the Skilled Trade

Education and Workforce Development Fund created in subsection E of

this section and funded by administrative fines or penalties as

described in this section. Applications for proposals are to be

submitted to the Board on forms provided requiring sufficient

justification and information to evaluate costs, return on

investment, value, and viability of the proposal. Any contracts

will include the requirement that the recipient of the funds will,

upon the completion of the contract, provide a written report to the

Board providing an accounting of expenditures, describing an

explanation of the funds used for the services provided and the

success of outreach demonstrating a return on the investment

including, but not limited to, an accounting of accomplishments.

C. Fines or penalties collected by the Board and deposited in

the Oklahoma Mechanical Licensing Revolving Fund, the Electrical

Revolving Fund, the Plumbing Licensing Revolving Fund and the

Roofing Contractor Registration Revolving Fund may be transferred to

the Skilled Trade Education and Workforce Development Fund created

in subsection E of this section for the following purposes:

1. To develop instructional materials on Oklahoma laws,

statutes and rules, as they relate to the plumbing, mechanical,

electrical and roofing trades and state licensing standards;

2. To cover the cost of equipment, materials, personnel and any

other costs of developing and implementing the trade curriculum; and

3. To cover the cost of equipment, materials, personnel and any

other costs of developing and implementing the workforce development

program used to promote the plumbing, mechanical, electrical and

roofing trades as a career in Oklahoma.

D. The Skilled Trade Education and Workforce Development Fund

monies shall be used only for the advancement of trade-related

education and workforce development, and only if available based

upon statutory limitations.

E. 1. There is hereby created in the State Treasury a

revolving fund for the Construction Industries Board to be

designated the "Skilled Trade Education and Workforce Development

Fund". The fund shall be a continuing fund, not subject to fiscal

year limitations. The fund shall consist of an annual transfer of

fully adjudicated fine revenue received in the Oklahoma Mechanical

Licensing Revolving Fund, Electrical Revolving Fund, Plumbing

Licensing Revolving Fund or Roofing Contractor Registration

Revolving Fund as determined pursuant to this section. Funds may be

transferred only from the prior fiscal year.

2. If actual receipts, not including fine receipts, exceed

actual expenses and outstanding encumbrances, then one hundred

percent (100%) of all fully adjudicated fine revenue received shall

be transferred from each specific trade revolving fund: the

Oklahoma Mechanical Licensing Revolving Fund, Electrical Revolving

Oklahoma Statutes - Title 59. Professions and Occupations

Fund, Plumbing Licensing Revolving Fund or Roofing Contractor

Registration Revolving Fund.

3. If at any time the receipts in the Oklahoma Mechanical

Licensing Revolving Fund, Electrical Revolving Fund, Plumbing

Licensing Revolving Fund or Roofing Contractor Registration

Revolving Fund, not including fine receipts, are less than actual

expenses and outstanding encumbrances, then the difference of fine

receipts over actual expenses and outstanding encumbrances, if any,

shall be transferred.

4. If at any time the annual receipts in the Oklahoma

Mechanical Licensing Revolving Fund, Electrical Revolving Fund,

Plumbing Licensing Revolving Fund or Roofing Contractor Registration

Revolving Fund, including fine receipts, are less than the actual

expenses and outstanding encumbrances, there shall be no transfer of

funds for that period.

5. All monies accruing to the credit of the Skilled Trade

Education and Workforce Development Fund may be budgeted and

expended by the Construction Industries Board for workforce

development as it relates to the skilled trades and to contract for

the services identified in this act. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

claims filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

6. All unexpended or outstanding Skilled Trade Education and

Workforce Development Funds from any written agreement where work or

services have not been previously approved by specific quote or cost

estimate and have not been performed within eighteen (18) months of

the date the agreement was signed are hereby released from the

agreement and are available for future agreements approved by the

Board pursuant to this act, except for specific quotes, estimates,

or invoices that previously have been approved for payment,

performance has been initiated, and completed within twenty-four

(24) months of the signed agreement.

Added by Laws 2018, c. 244, § 1, eff. Nov. 1, 2018. Amended by Laws

2023, c. 185, § 3, eff. July 1, 2023; Laws 2025, c. 48, § 1, eff.

Nov. 1, 2025.