Oklahoma § 59-1850.14 - Mechanical Hearing Board - Investigations Suspension, revocation or refusal to issue or renew license Jurisdiction of political subdivisions

§ 59-1850.14. Mechanical Hearing Board - Investigations Suspension, revocation or refusal to issue or renew license Jurisdiction of political subdivisions

A. The Construction Industries Board or its designee and the

Committee of Mechanical Examiners shall act as the Mechanical

Hearing Board and shall comply with the provisions of Article II of

the Administrative Procedures Act.

B. Any administrative hearing on suspensions, revocations or

fines shall be conducted by a hearing examiner appointed by the

Construction Industries Board. The hearing examiner’s decision

shall be a final decision which may be appealed to a district court

in accordance with the Administrative Procedures Act.

C. The Mechanical Hearing Board may, upon its own motion, and

shall, upon written complaint filed by any person, investigate the

business transactions of any mechanical contractor, mechanical

journeyman, mechanical apprentice or mechanical firm. The

Construction Industries Board shall suspend or revoke or may refuse

to issue or renew any license or registration under the Mechanical

Licensing Act for any of the following:

1. Making a material misstatement in the application for a

license or registration, or the renewal of a license or

registration;

2. Obtaining any license or registration by false or fraudulent

representation;

3. Loaning or allowing the use of such license by any other

person or illegally using a license;

4. Demonstrating incompetence to act as a mechanical journeyman

or mechanical contractor;

5. Violating any provisions of the Mechanical Licensing Act, or

any rule or order prescribed by the Construction Industries Board

pursuant to the provisions of the Mechanical Licensing Act; or

6. Willfully failing to perform normal business obligations

without justifiable cause.

D. Any person whose license or registration has been revoked by

the Mechanical Hearing Board may apply for a new license one (1)

year from the date of such revocation.

Oklahoma Statutes - Title 59. Professions and Occupations

E. Notwithstanding any other provision of law, a political

subdivision of this state that has adopted a nationally recognized

mechanical code and appointed an inspector pursuant to Section

1850.12 of this title or pursuant to the Oklahoma Inspectors Act for

such work shall have jurisdiction over the interpretation of said

code and the installation of all mechanical work done in that

political subdivision, subject to the provisions of the Oklahoma

Inspectors Act. Provided, a state inspector may work directly with

a mechanical contractor, mechanical journeyman, mechanical

apprentice or mechanical firm in such a locality if a violation of

the code creates an immediate threat to life or health.

F. In the case of a complaint about, investigation of, or

inspection of any license, registration, permit or mechanical work

in any political subdivision of this state which has not adopted a

nationally recognized mechanical code and appointed an inspector

pursuant to Section 1850.12 of this title or pursuant to the

Oklahoma Inspectors Act for such work, the Board shall have

jurisdiction over such matters.

G. 1. No individual, business, company, corporation,

association, limited liability company, or other entity subject to

the provisions of the Mechanical Licensing Act shall install, modify

or alter mechanical systems in any incorporated area of this state

which has not adopted a nationally recognized mechanical code and

appointed an inspector pursuant to Section 1850.12 of this title or

pursuant to the Oklahoma Inspectors Act for such work without

providing notice of such mechanical work to the Board. A notice

form for reproduction by an individual or entity required to make

such notice shall be provided by the Board upon request.

2. Notice to the Board pursuant to this subsection shall not be

required for minor repair or maintenance performed according to the

mechanical equipment manufacturer's instructions or of any petroleum

refinery or its research facilities.

3. Enforcement of this subsection is authorized pursuant to the

Mechanical Licensing Act, or under authority granted to the Board.

Added by Laws 1987, c. 93, § 14, eff. Nov. 1, 1987. Amended by Laws

1993, c. 251, § 3, eff. Sept. 1, 1993; Laws 2001, c. 394, § 62,

emerg. eff. June 4, 2001; Laws 2008, c. 4, § 15, eff. Nov. 1, 2008.