Ohio Adm.Code 4101:16 | Ohio Administrative Code 4101:16 — Department of Commerce | Ohio Construction Industry Licensing Board

Chapter 4101:16-1 Meetings, Fees, and Records

Ohio Adm.Code 4101:16-1-01 Definitions.

The following definitions apply to all rules in division 4101:16 of the Administrative Code:

(A) "Board" means the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the Revised Code.

(B) "Specialty section" means the plumbing and hydronics section, electrical section, or the heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the Revised Code.

(D) "Curriculum" means a continuing education course topic in general business that is applicable to all trades, general health and safety that is applicable to all trades, technology that is trade-specific, or code that is trade-specific.

(E) "Compliant contractor program" means a program, established pursuant to and in accordance with division (J) of section 4740.06 of the Revised Code, which modifies the continuing education requirements and/or renewal schedules for those licensees who demonstrate a history of compliance with Chapter 4740. of the Revised Code and the rules adopted thereunder.

(F) "Engineer" means an individual that has a certificate of registration pursuant to Chapter 4733. of the Revised Code.

(G) "Tradesperson" has the same meaning as in section 4740.01 of the Revised Code.

(H) "Construction industry" means an area of business involved with "construction projects," as that term is defined in section 4740.01 of the Revised Code.

(I) "Licensee" means a holder of a license issued by the Ohio construction industry licensing board pursuant to Chapter 4740. of the Revised Code.

(J) "Veteran" means anyone who is serving or has served under honorable conditions in any component of the armed forces of the United States, including national guard and reserve.

Last updated May 13, 2022 at 8:30 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-02 Notice of administrative rules hearing.

Public notice of the intention of the administrative; electrical heating, ventilating, air conditioning, refrigeration or plumbing and hydronics sections of the Ohio construction industry licensing board to consider adopting, amending, or rescinding a rule shall be in accordance with section 119.03 of the Revised Code and rule 1301-1-01 of the Administrative Code.

Last updated May 13, 2022 at 8:31 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-03 Public meetings.

(A) Meetings of the administrative; electrical heating, ventilating, air conditioning, and refrigeration; and plumbing and hydronics sections of the Ohio construction industry licensing board, in addition to the meetings required by section 4740.03 of the Revised Code, shall be noticed and held in accordance with section 121.22 of the Revised Code.

(B) Any representative of the news media may obtain at least twenty-four hours advance notice of all special meetings by requesting orally or in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A written request for such notification shall be addressed to: "Board Secretary, Ohio Construction Industry Licensing Board, 6606 Tussing Road, P.O. Box 4009, Reynoldsburg, Ohio 43068-9009." The request shall provide the name of the individual media representative to be contacted, mailing address, e-mail address, and a maximum of two telephone numbers.

(C) Questions of parliamentary procedure not otherwise provided for shall be governed by the most current version of "Robert's Rules of Order Newly Revised."

Last updated May 13, 2022 at 8:31 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-04 Administrative section.

(A) The officers of the administrative section of the board shall consist of the following:

(1) A chairperson, who shall be elected annually by the members of the administrative section. The chairperson's duties include the following:

(a) To preside over meetings of the administrative section or to designate a member to preside in the chairperson's and vice chairperson's absence; and

(b) To sign all vouchers of the board upon presentation of a signed, itemized, and supported voucher.

(2) A vice chairperson, who shall be elected annually by the members of the administrative section. The vice chairperson's duties shall include performing the duties of the chairperson should the chairperson be absent or incapable of performing the duties required of the chairperson.

(B) The administrative section may do all things necessary to carry out the intent and purpose of Chapter 4740. of the Revised Code, unless such action conflicts with any act or duty specifically assigned to a specialty section pursuant to Chapter 4740. of the Revised Code.

(1) Prepare an annual written report to the director of the department of commerce detailing the proceedings had by or before the board during the previous fiscal year, which shall be submitted to the director within thirty days of the end of the previous fiscal year.

(2) Prepare an annual fiscal statement stating all monies received and expended by the board during the previous fiscal year. The annual fiscal statement shall be completed within thirty days of the end of the previous fiscal year.

(3) Issue licenses to individuals who attain a score of at least seventy per cent on both parts of the examination authorized by the appropriate sections of the board and meet the requirements set forth in section 4740.06 of the Revised Code.

(4) Notify individuals whether the individual has passed both parts of the examination or failed one or both parts of the examination, unless the approved testing agency notifies the individual.

Last updated May 13, 2022 at 8:31 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-05 Investigations.

(A) A specialty section or its designee may conduct investigations to determine violations of Chapter 4740. of the Revised Code upon the receipt of a complaint alleging any violation of Chapter 4740. of the Revised Code or the rules adopted thereunder. A person who wishes to make a complaint against an individual who holds a license or a person who is not licensed but acting as or claiming to be licensed pursuant to Chapter 4740. of the Revised Code may submit a complaint to the appropriate specialty section, in accordance with section 4740.10 of the Revised Code.

(B) The appropriate section or its designee shall determine whether a complaint against an individual is of a sufficient nature to warrant an investigation. If after review and investigation, a majority of the members of the appropriate section determine that the complaint presents an event or action that may result in disciplinary action or any other appropriate action against the individual, the section shall direct the board secretary to give notice to the individual, pursuant to section 119.07 of the Revised Code, of the board's intent to take action against the individual and the right of the individual to a hearing.

(C) If, after review and investigation, a majority of the members of the appropriate section determine that a violation of section 4740.13 of the Revised Code has occurred, the section may request the attorney general to file a civil action for appropriate relief, including, but not limited to, a temporary restraining order or permanent injuction, in the court of common pleas of the county where the individual resides or where the individual is acting as or claiming to be licensed pursuant to Chapter 4740. of the Revised Code to enjoin the individual from violating section 4740.13 of the Revised Code.

Last updated May 13, 2022 at 8:31 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-06 Disciplinary action against a licensee.

(A) The appropriate specialty sections may suspend, revoke, or refuse to issue any license; impose additional continuing education hours, or fine an applicant or licensee or any combination thereof upon a finding by the appropriate specialty section that the applicant or licensee has done any of the following:

(1) Been convicted of or pleaded guilty to a crime of moral turpitude or a disqualifying offense as those terms are defined in section 4776.10 of the Revised Code;

(2) Been convicted of or pleaded guilty to one or more of the following disqualifying offenses:

(a) Forgery (R.C. 2913.31);

(b) Trademark counterfeiting (R.C. 2913.34);

(d) Receiving stolen property (R.C. 2913.51);

(e) Bribery (R.C. 2929.02);

(f) Theft in office (R.C. 2921.41);

(g) Having an unlawful interest in a public contract (R.C. 2921.42)

(h) Engaging in a pattern of corrupt activity (R.C. 2929.32);

(i) Money laundering (R.C. 1315.55(A));

(j) Criminal negligence (R.C. 2901.21).

(3) Violated any provision of Chapter 4740. of the Revised Code;

(4) Violated any rule adopted pursuant to Chapter 4740. of the Revised Code;

(5) Obtained or attempted to obtain a license or a renewal of such license pursuant to Chapter 4740. of the Revised Code by means of fraud, deception, or misrepresentation;

(6) Obtained an order, ruling, or authorization from any section of the Ohio construction industry licensing board by means of fraud, deception, or misrepresentation;

(7) Engaged in fraud, misrepresentation, or deception in the conduct of business;

(8) Transferred the person's license to another person or entity without the approval of the appropriate specialty section;

(9) Allowed the person's license to be used by an unlicensed person or entity;

(10) Failed to comply with the disciplinary sanction imposed by the appropriate specialty section;

(11) Upon notice to the appropriate specialty section that a municipality or any other governmental agency has suspended or revoked the local contracting license or registration of an individual or entity holding a license pursuant to Chapter 4740. of the Revised Code; or

(12) Failed to maintain required contractor liability insurance throughout the license year, unless the license has properly been placed in an inactive status.

(B) The appropriate specialty sections shall direct the administrative section to refuse to issue any license upon a finding by the appropriate specialty section that the applicant has done any of the following:

(1) Been found guilty of a crime of moral turpitude or a disqualifying offense as those terms are defined in section 4776.10 of the Revised Code;

(2) Had another person take the required examination for the applicant; or

(3) Failed to pass the required examination.

(C) The appropriate specialty section shall hold an adjudication hearing to determine whether a license is to be revoked or suspended or whether the licensee shall be fined or ordered to complete additional continuing education courses or any combination thereof. The appropriate specialty section shall notify the licensee in writing of its order.

(D) A party adversely affected by an adjudication order issued pursuant to this rule shall have a right of appeal pursuant to section 119.12 of the Revised Code.

Last updated May 13, 2022 at 8:32 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-07 Adjudication hearings.

The appropriate specialty section shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Revised Code. All adjudication hearings shall comply with the notice and procedural requirements of sections 119.06 to 119.13 of the Revised Code.

Last updated May 13, 2022 at 8:32 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-08 Compliant contractor program.

(A) The compliant contractor program provides incentives for compliance with Chapter 4740. of the Revised Code and the administrative rules promulgated thereunder by modifying the requirements for license renewal.

(B) Qualification period.

(1) In order to qualify for the compliant contractor program, an individual must demonstrate one year of compliance with Chapter 4740. of the Revised Code and the rules adopted thereunder. Compliance includes, but is not limited to, timely filing of renewal applications, timely payment of renewal fees, and the absence of any disciplinary actions against the individual.

(2) The compliant contractor program is available to existing licensees only. New applicants must first demonstrate compliance with Chapter 4740. of the Revised Code and the rules adopted thereunder for the preceding licensure period before being considered for the program. Existing licensees, after successfully completing the qualification period, shall be eligible for the program.

(3) Eligible licensees shall apply to the compliant contractor program by completing the appropriate form and submitting it to the board with their renewal applications.

(C) Licensees who are members of the compliant contractor program shall be entitled to a two-hour reduction in their yearly requirement for continuing education. Licensees who are members of this program may choose to renew their licenses on a triennial basis, rather than on an annual basis. Individuals choosing to renew annually must demonstrate the completion of eight hours of continuing education at the time of renewal, while individuals choosing to renew triennially must demonstrate twenty-four hours of continuing education at the time of renewal.

(D) An individual may be removed from the compliant contractor program in the event of non-compliance with Chapter 4740. of the Revised Code or the rules adopted thereunder. The individual may be re-admitted to the program upon demonstration of qualification in accordance with paragraph (B) of this rule.

Last updated May 13, 2022 at 8:32 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Chapter 4101:16-2 Administrative Section

Ohio Adm.Code 4101:16-2-01 Qualifications to take licensing examination.

In order to qualify to take an examination for a license issued by the appropriate specialty section, an individual must meet all of the following requirements:

(A) Make application with the appropriate specialty section pursuant to rule 4101:16-2-02 of the Administrative Code;

(B) Be at least eighteen years of age;

(C) Be a citizen of the United States of America or provide documentation to demonstrate that the individual is a legal resident alien of the United States;

(D) Successfully pass the criminal background test required by rule 4101:16-2-02 of the Administrative Code;

(E) Not violated any provisions of Chapter 4740. of the Revised Code or any rule adopted pursuant to that chapter;

(F) Not obtained or renewed a license issued pursuant to Chapter 4740. of the Revised Code by fraud, misrepresentation, or deception;

(G) Not engaged in fraud, misrepresentation, or deception in the conduct of business; and

(H) Have been either:

(1) A tradesperson with at least five years of experience in the trade for which the license is being applied immediately prior to the date the application is filed. Credit may be given for time in active military service to meet this requirement. Pursuant to rule 4101:16-3-01 of the Administrative Code, the tradesperson shall provide the appropriate section with documentation demonstrating that the individual has spent a majority of the required employment period as a tradesperson;

(2) A currently registered professional engineer in the state of Ohio with three years of business experience in the construction industry trade for which they are applying to take the examination;

(3) Have other experience acceptable to the section of the board that authorizes issuance of the type of license sought. Such acceptable experience may include:

(a) Five years of experience in the trade for which the individual is applying, even when such experience is not during the five years preceding the application, under the following conditions:

(i) Three years of the five years of experience must be obtained by performing construction work on commercial or residential projects in the licensed trade for which the individual is applying;

(ii) Education programs, other than an apprentice program approved by the state of Ohio, may be submitted in lieu of work experience by the applicant up to a maximum of one year of the five years of experience necessary;

(iii) An engineer not currently registered in the state of Ohio must have at least five years of business experience in the construction industry in the licensed trade for which application is made;

(iv) The individual shall provide documentation, such as W-2s or IRS schedule Cs, as well as obtained permits, a journeyman card, a certificate of completion of apprenticeship from an apprentice program approved by the state of Ohio or the United States department of labor, or certificates from a training agency approved by the board demonstrating completion of forty hours of continuing education in code for the trade for which the individual is applying, as the appropriate specialty section requires to demonstrate that the individual has spent a majority of the required five-year experience period in the licensed trade for which the individual is applying.

(b) Five years experience as an Ohio government inspector in the trade for which the individual is applying.

(c) For the five years immediately prior to the filing of the application, the individual is the full-time owner, partner, or employee of a licensed commercial contracting company in the trade for which the individual is applying.

(d) Such acceptable experience does not include:

(i) Job experience in the construction industry as an inventory worker, counter salesperson, manufacturer representative, purchasing agent, secretary, clerk, or bookkeeper.

(ii) General contractor experience that is not directly related to the trade for which the individual is applying.

Last updated September 6, 2024 at 8:18 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-02

(A) Any individual who desires to take the examination for a license issued pursuant to Chapter 4740. of the Revised Code shall file a completed written application on a form prescribed and furnished by the appropriate specialty section. A fee of twenty-five dollars must be submitted with the application. The application must be notarized and filed with the secretary of the board.

(B) An appropriate specialty section may decide, upon a majority vote of the section, that additional information, records, or documentation is needed in order to determine the qualifications of the applicant. Upon that determination, the chairperson of the appropriate specialty section may direct the board's secretary to request the applicant provide additional information in a manner the section deems appropriate.

(C) Upon approval of the applicant's qualifications, the appropriate specialty section shall notify the applicant in writing that the applicant has been approved to take the examination pending the receipt of successful criminal background checks. The notice shall instruct the applicant on how to submit to a criminal background test in accordance with this rule and Chapter 4776. of the Revised Code.

(D) An applicant for a license who has been referred to the administrative section shall submit a request to the bureau of criminal identification and investigation for a criminal records check of the applicant. The request shall be accompanied by a completed form prescribed under division (C)(1) of section 109.572 of the Revised Code, a set of fingerprint impressions obtained as described in division (C)(2) of section 109.572 of the Revised Code, and the fee prescribed under division (C)(3) of section 109.572 of the Revised Code. The applicant shall request the bureau of criminal identification and investigation to obtain from the federal bureau of investigation any information pertaining to the applicant. An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the Ohio construction industry licensing board's name and address. Upon completion of the criminal records check, the bureau shall send the results of the check to the board.

(E) Upon receipt of the criminal background check, the administrative section of the board shall determine whether the applicant has been convicted of a crime of moral turpitude as it is defined in section 4776.10 of the Revised Code. No applicant may be approved for licensure if he or she has been convicted of a crime of moral turpitude.

(F) Upon receipt of the criminal background check, the administrative section of the board shall determine whether the applicant has been convicted of any disqualifying offense, as that term is defined in section 4776.10 of the Revised Code. No applicant may be approved for licensure if he or she has been convicted of a disqualifying offense. Disqualifying offenses include, but are not limited to:

(1) Forgery (section 2913.31 of the Revised Code);

(2) Trademark counterfeiting (section 2913.34 of the Revised Code);

(3) Fraud (section 2913.40, 2913.42, 2913.45, 2913.47, 2913.48, or 2913.49 of the Revised Code);

(4) Receiving stolen property (section 2913.51 of the Revised Code);

(5) Bribery (section 2929.02 of the Revised Code);

(6) Theft in office (section 2921.41 of the Revised Code);

(7) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);

(8) Engaging in a pattern of corrupt activity (section 2929.32 of the Revised Code);

(9) Money laundering (division (A) of section 1315.55 of the Revised Code);

(10) Criminal negligence (section 2901.21 of the Revised Code).

(G) Upon the receipt of an acceptable criminal records check, the appropriate specialty section shall notify the applicant in writing of its approval to take the examination for a license. The notification shall include a schedule of test dates and information pertaining to the testing agency authorized to administer the test. The notification shall be sent to the applicant in such a manner that the applicant will receive the notification within a reasonable time prior to the scheduled date of the examination.

(H) An applicant, upon notification by the appropriate specialty section of the approval of the application, shall register to take the examination with the approved testing agency designated on the notification. The approved testing agency is responsible for all costs associated with the design, preparation, administration, and scoring of the examination. The approved testing agency may charge a fee to the applicant for those expenses associated with the examination as approved by the administrative section or set forth in contract. The approved testing agency shall notify the appropriate specialty section of the results of the examination.

(I) Upon receiving a passing score on the licensing examination, the applicant shall forward the required license fee to the appropriate specialty section. Upon receiving notice that the applicant received a passing score and upon receipt of the requisite fee, the specialty section shall then issue a license to the applicant.

(J) An applicant whose application to take the examination has been denied by the appropriate specialty section shall be notified in writing of the denial and the applicant's right to an adjudication hearing pursuant to rule 4101:16-1-07 of the Administrative Code.

(K) The approval to take the examination shall be effective for one year following receipt of a completed criminal records check pursuant to rule 4101:16-2-02 of the Administrative Code. An applicant who fails to take the examination within one year from the date approved shall submit a new application in accordance with this rule. An applicant must submit proof of a passing score on all parts of the examination, as determined by the appropriate section, no later than twelve months after passing the examination. If the applicant fails to submit his or her passing score to the appropriate section within the required time, the applicant shall resubmit an application.

(L) A previous criminal records check requested by an applicant for a license is valid for one year from the date the last criminal records check was completed by the bureau of criminal identification and investigation. A new request must be made pursuant to paragraph (D) of this rule if the previous criminal records check is no longer valid.

(M) Pursuant to section 4776.04 of the Revised Code, the results of any criminal records check conducted pursuant to a request made under this rule, and any report containing those results, are not public records for purposes of section 149.43 of the Revised Code and shall not be made available to any person or for any purpose other than the following:

(1) The results may be made available to the Ohio construction industry licensing board for use in determining, in its discretion, whether the individual who is the subject of the check should be issued a license pursuant to section 4740.06 of the Revised Code; or

(2) The results may be made available to the applicant or the applicant's representative.

Last updated May 13, 2022 at 8:33 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-3-01

(A) Only training agencies approved by the administrative section may submit requests to the appropriate specialty section to conduct continuing education courses for individuals holding a license pursuant to Chapter 4740. of the Revised Code.

(B) A training agency shall apply to the administrative section on a form prescribed and furnished by the administrative section with the required fee as set forth in paragraph (B)(3) of rule 4101:16-2-09 of the Administrative Code. The training agency shall provide the following information to the administrative section on the application form prescribed by the administrative section:

(1) Name, address, email address, facsimile number, and telephone number of the training agency;

(2) Name, address, email address, facsimile number, and telephone number of the owner(s) of the training agency;

(3) Information on whether an owner of the training agency is a local or state inspector and whether the owner's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005;

(4) A description of the purpose of the agency;

(5) Name of the education coordinator;

(6) Information of the accreditation of the training agency;

(7) Policy regarding attendance and procedure for record keeping of attendance;

(8) Acknowledgment that the training agency will adhere to the specialty section's rules, procedures, and standards as set forth in this rule or rules 4101:16-3-02 and 4101:16-3-03 of the Administrative Code; and

(9) Any other information that the administrative section deems necessary.

(C) The administrative section or the board's secretary shall maintain a current listing of all approved training agencies that provide continuing education for applicable specialty contractors.

(D) The administrative section shall notify the training agency of its approval or disapproval of the training agency's application within ten business days after the administrative section has reviewed the application.

(E) A training agency approval is valid for a period of one year.

(F) An approved training agency shall pay the annual fees required pursuant to section 4740.04 of the Revised Code and paragraphs (B)(1), (B)(2), and (B)(3) of rule 4101:16-2-09 of the Administrative Code. Such fees shall be submitted to the board's secretary with the attendance reports.

(G) A training agency shall file its renewal application for approval not more than sixty days nor less than thirty days prior to the expiration of the previous approval.

(H) No training agency shall advertise or otherwise notify any licensee that a course of study or program of instruction has been approved by the appropriate specialty section until such course or program has been approved. Any advertisement or notification to licensees shall specifically state the appropriate specialty section that has approved the course of study or program of instruction.

(I) Any training agency that engages in fraud, misrepresentation, or deception in obtaining an approval under this rule or rule 4101:16-3-03 of the Administrative Code, engages in fraud, misrepresentation, or deception in the conduct of business, or that fails to comply with this rule or rules 4101:16-3-02 and 4101:16-3-03 of the Administrative Code may be disapproved or not renewed. Any training agency that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

Last updated May 13, 2022 at 8:35 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-07

Last updated May 13, 2022 at 8:32 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-03 Examinations.

(A) The administrative section of the board shall schedule the examinations, as directed by the appropriate sections, for individuals seeking a license who have been approved to take an examination by the appropriate sections. The examination for each trade shall be scheduled at least four times a year. The examinations shall be held at various locations throughout the state. The approved applicant shall schedule the date of the examination with the approved testing agency. The administrative section or its designees may monitor the administration of the examination.

(B) The administrative section, in consultation with the appropriate section and the approved testing agency, shall provide an examination consisting of two parts for applicants seeking a license pursuant to Chapter 4740. of the Revised Code. The two parts shall consist of: one part that is specific to the trade to which the applicant has applied, and one part of business and law. The appropriate section may, upon the request of an applicant, permit oral examinations, or other accommodations, if the section determines that an applicant's ability is substantially impaired for any identifiable reason. The appropriate specialty section or the approved testing agency may, upon request of an applicant, permit examinations in a language other than the English language, if the section determines that the applicant's ability to perform is substantially impaired due to lack of fluency in the English language.

(C) Prior to the examination, each applicant will be given printed instructions pertaining to the examination. Failure to comply with those instructions may be cause for expulsion from the examination. Applicants shall not be permitted to communicate with other applicants during the examination.

(D) An applicant that has attained a score of seventy per cent on each part of the examination shall be deemed to have satisfactorily passed the examination. Once an applicant has passed both parts of the examination, the business and law part shall be deemed a passing score for a period of three years from the date the license is issued, in the event that the applicant applies and is approved by the appropriate specialty section to sit for another examination pursuant to Chapter 4740. of the Revised Code.

(E) The examinations shall be initially scored by the authorized testing agency. After the initial scoring has been completed, the appropriate specialty section shall verify final scores. After verifying the final scores, the appropriate specialty section shall approve the applicants who have successfully passed both parts of the examination.

(F) Within a reasonable amount of time after the completion of the scoring process pursuant to paragraph (E) of this rule, each individual taking the examination shall be notified whether the individual passed or failed one or both parts of the examination.

(G) An applicant that fails to pass any part of the examination may retake the part of the examination that the applicant failed upon payment of the appropriate fee to the authorized testing agency. The approval to take the examination shall automatically expire without the taking of any action by the appropriate section or the board's secretary one calendar year from the date of receipt of a completed criminal records check.

Last updated May 13, 2022 at 8:33 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-04 Issuance of licenses to successful applicants.

(A) After an appropriate specialty section approves the results of the examinations pursuant to rule 4101:16-2-03 of the Administrative Code, the section shall, within thirty days of the date of examination, authorize the administrative section to issue a license to each individual that passed the examination.

(B) The administrative section, upon receipt of the following, may issue a license to each designated and authorized applicant:

(1) Authorization from the appropriate specialty section to issue a license pursuant to paragraph (A) of this rule;

(2) The appropriate fee pursuant to rule 4101:16-2-09 of the Administrative Code;

(3) Certification by the applicant that the required insurance is maintained pursuant to rule 4101:16-2-09 of the Administrative Code; and

(4) A completed criminal records check performed pursuant to rule 4101:16-2-02 of the Administrative Code. The issuance of a license by the administrative section is contingent upon the Ohio construction industry licensing board having determined, in its discretion, whether the result of the criminal records check makes the applicant ineligible for a license.

(1) Date of expiration of the license;

(2) Signatures of the chairperson of the administrative section and secretary of the board;

(3) A license number assigned only to the licensee;

(4) The name of the licensee and the position of the licensee at the company to which the license is assigned;

(5) The name of the contracting company to which the license is assigned; and

(6) The type of specialty license.

Last updated May 13, 2022 at 8:33 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-09

(A) The fees for applications for examination, issuance of licenses, and annual renewal of licenses are as follows:

(1) Twenty-five dollars for application for examination;

(2) Twenty-five dollars for issuance of any license;

(3) Sixty dollars for the annual renewal of each license; one hundred eighty dollars for the triennial renewal of each license;

(4) A late fee of not more than one hundred and twenty dollars will be assessed for each license not timely renewed under rule 4101:16-2-07 of the Administrative Code; and

(5) A penalty fee of thirty dollars will be assessed for each license for any check or other draft instrument used to pay any fee required by Chapter 4740. of the Revised Code that is returned to the board as unpaid.

(B) The fees for each continuing education course and for the annual approval of each training agency are as follows:

(1) A fee of ten dollars plus one dollar per credit hour for each course application submitted;

(2) A fee of one dollar per credit hour of instruction per attendee; and

(3) A fee of twenty-five dollars for each training agency application submitted.

(C) Each fee described in paragraphs (A) and (B) of this rule is nonrefundable and payable to the administrative section of the Ohio construction industry licensing board.

(D) All individuals holding a license pursuant to Chapter 4740. of the Revised Code, except an individual whose license has been placed in inactive status pursuant to section 4740.06 of the Revised Code, shall maintain contractor's liability insurance in the individual's name including, without limitation, complete operations coverage in an amount of at least five hundred thousand dollars. If an individual's license has been assigned to a business entity in accordance with section 4740.07 of the Revised Code, the contractor liability insurance shall be in the name of the business entity. The business entity must be registered with the Ohio secretary of state to do business in Ohio.

Last updated May 13, 2022 at 8:34 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-05 Display of license.

(A) An individual or entity holding a license issued pursuant to Chapter 4740. of the Revised Code shall display the issued license in a conspicuous place in each office or each place of business of the specialty contractor and each construction site.

(B) Any individual or entity holding a license issued pursuant to Chapter 4740. of the Revised Code shall display the license number assigned by the administrative section on items associated with the specialty contracting business. Such items for the purpose of this rule include, but are not limited to, all business locations, business cards, vehicles containing the name of the specialty contracting business, contracts, and advertisements (including, but not limited to, advertisements in the telephone directory (if such advertisement is not just the name, address, and telephone number of the specialty contractor) and advertising specialty items). For the purposes of this rule, pens, pencils, t-shirts, hats, and other similar small items as designated by the board are not considered advertising specialty items.

(D) On vehicles displaying the name of the specialty contracting business, the license number shall be prominently placed on at least two sides of the vehicle and be of a size, not less than two inches in height, so that the number is easily noticed.

(E) No license number may be advertised for more than one business name.

Last updated May 13, 2022 at 8:33 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-06 Notice of renewal date and application for renewal.

At least ninety days prior to the expiration of a license, the administrative section shall provide or make available an application to each individual holding a license pursuant to Chapter 4740. of the Revised Code. The application shall be on a form and in a format prescribed by the appropriate specialty section.

Last updated May 13, 2022 at 8:33 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-07 Renewal of license.

(A) Notwithstanding the exception provided in rule 4101:16-1-08 of the Administrative Code, the appropriate specialty section, upon receipt of a completed application, shall renew a license if the person holding a valid license renews such license in accordance with rule 4101:16-2-06 of the Administrative Code, the licensee demonstrates that the licensee continues to meet the qualifications set forth in section 4740.06 of the Revised Code, and the licensee meets all the following renewal requirements:

(1) Certifies that the licensee has maintained at least five hundred thousand dollars in contractor liability insurance;

(2) Pays the renewal fee as set forth in rule 4101:16-2-09 of the Administrative Code; and

(3) Complies with the continuing education requirements as set forth in rule 4101:16-2-08 of the Administrative Code. If the licensee fails to meet the renewal requirements, the license shall automatically be suspended without the taking of any action by the appropriate specialty section or the board's secretary. A suspended license may be reactivated upon application within one calendar year from the expiration date of the license and approval of the appropriate specialty section, provided that the renewal fee plus a late fee, certification of the required contractor liability insurance, and completion of the required hours of continuing education are completed within the time frame set by the appropriate specialty section.

(B) In accordance with section 4740.06 of the Revised Code, if the individual has been convicted of or pleaded guilty to a misdemeanor that is not a crime of moral turpitude or a disqualifying offense less than one year prior to making the renewal application, the section may use its discretion in granting or denying the individual a license or may issue a conditional license. If any individual has been convicted of or pleaded guilty to a felony that is not a crime of moral turpitude or a disqualifying offense less than three years prior to making the renewal application, the section may use its discretion in granting or denying the individual a license, or may issue a conditional license.

(C) Within one calendar year after the expiration of the license, a licensee who fails to timely renew his/her license may file an application for a late renewal to the appropriate specialty section. The appropriate specialty section may allow a licensee to renew late if the licensee demonstrates that the licensee continues to meet the requirements of division (B) of section 4740.06 of the Revised Code and complies with all of the following:

(1) Pays the renewal fee and any late fee assessed pursuant to rule 4101:16-2-09 of the Administrative Code;

(2) Certifies that the licensee maintains at least five hundred thousand dollars in contractor liability insurance;

(3) Complies with the continuing education requirements as set forth in rule 4101:16-2-08 of the Administrative Code; and

(4) Complies with the time frame set by the appropriate specialty section.

If the specialty sections grant a late renewal, the license will not become valid until the licensee has complied with the terms and conditions established by the appropriate specialty section.

(D) If the appropriate specialty section denies the renewal or late renewal request of a licensee under Chapter 4740. of the Revised Code, the appropriate specialty section shall notify the person in writing of the denial and of the right to request an adjudication hearing pursuant to rule 4101:16-1-07 of the Administrative Code and section 119.07 of the Revised Code.

Last updated May 13, 2022 at 8:34 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-08

(B) Qualification period.

(3) Eligible licensees shall apply to the compliant contractor program by completing the appropriate form and submitting it to the board with their renewal applications.

Last updated May 13, 2022 at 8:32 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-08

(A) Except as provided in rule 4101:16-1-08 of the Administrative Code, a licensee shall complete ten classroom hours of an approved continuing education course each year to be eligible to apply for the renewal of their license or licenses as follows:

(1) Except as provided in rule 4101:16-1-08 of the Administrative Code, a licensee who holds one or more plumbing; hydronics; heating, ventilating, and air conditioning; or refrigeration license(s) pursuant to Chapter 4740. of the Revised Code shall take the required ten hours of continuing education in any course that has been approved by any of the specialty sections;

(2) Except as provided in rule 4101:16-1-08 of the Administrative Code, a licensee who holds only an electrical license pursuant to Chapter 4740. of the Revised Code shall take ten hours of continuing education with at least five hours of electrical code that has been approved by the electrical section and the remaining five hours in any health and safety, business, or technology course approved by the electrical section; and

(3) A licensee who holds an electrical contractor's license and any other license or licenses pursuant to Chapter 4740. of the Revised Code shall take five hours of continuing education in electrical code and the remaining five hours of continuing education in any course that is approved by any of the specialty sections.

(B) A classroom hour consists of at least fifty minutes of instruction. The remaining ten minutes shall only be used for the training agency's or instructor's administrative duties or a break. The training agency or instructor shall not accrue the ten minutes of non-instruction to start a course late, end a course early, or to allow a longer break.

(C) Continuing education hours obtained by individuals holding a license pursuant to Chapter 4740. of the Revised Code in excess of the total hours required each renewal period for renewal eligibility shall not be transferred to help meet the requirements of the following renewal period.

(D) No individual holding a license pursuant to Chapter 4740. of the Revised Code will receive credit for more than ten classroom hours of continuing education instruction taken in one calendar day.

(E) Upon application, within one calendar year from the date of expiration of the license or licenses, the appropriate specialty section of the board may waive any portion of the continuing education hours requirement in cases of certified illness, disability, military service, foreign residence, or excusable neglect, which prevents the attendance of approved continuing education courses by a person holding a license pursuant to Chapter 4740. of the Revised Code or extend the time for the licensee to complete the required continuing education requirements if the licensee has substantially met the other renewal requirements as set forth in division (E) of section 4740.06 of the Revised Code and rule 4101:16-2-07 of the Administrative Code or demonstrates excusable neglect. Continuing education waivers or extensions of time to complete the required continuing education requirements will be determined on a case-by-case basis.

(1) If the appropriate specialty section grants an extension of time to complete the continuing education requirements and the license has expired, such license will not be reissued until the licensee has completed the continuing education requirements.

(2) For the purposes of this paragraph, "excusable neglect" means any non-reoccurring facts or circumstances outside the control of the licensee that hindered or prevented the licensee from completing the required hours of continuing education required for renewal of the license or licenses by the expiration of such license or licenses.

(F) Pursuant to division (E) of section 4740.06 of the Revised Code, if the continuing education requirements are not timely met by an individual holding a license on or before the expiration date set forth on the license, the license shall be suspended automatically without the taking of any action by the appropriate section or the board's secretary. A suspended license may be reactivated upon application within one calendar year from the expiration date of the license and approval of the appropriate section, provided that the renewal fee plus a late fee, certification that contractor liability insurance is maintained, and completion of the continuing education hours required for that renewal period are completed within the time frame pursuant to rule 4101:16-2-08 of the Administrative Code. Failure to reactivate the license as provided in this rule shall result in automatic revocation of the license, without the taking of any action by the appropriate section or the board secretary.

Last updated May 13, 2022 at 8:34 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-10 Reciprocity.

(A) Upon application to the appropriate specialty section and payment of the fee specified in rule 4101:16-2-09 of the Administrative Code for the issuance of a license, the appropriate section shall direct the administrative section to issue, without examination, a license to an individual licensed in another state of the United States. Such issuance of a license is contingent upon a determination by the appropriate specialty section that the requirements for licensure under the laws of the other state are substantially equal to the licensure requirements under Chapter 4740. of the Revised Code and that the other state has entered into a written reciprocity agreement with the appropriate section of the board. Such issuance of a license is also contingent upon receipt of a completed criminal records check performed pursuant to rule 4101:16-2-02 of the Administrative Code and the Ohio construction industry licensing board having determined, in its discretion, whether the result of the criminal records check makes the applicant ineligible for a license.

(B) Any person who is granted a license pursuant to paragraph (A) of this rule and fails to meet the continuing education requirements in rule 4101:16-2-08 of the Administrative Code, pay the renewal fee pursuant to rule 4101:16-2-09 of the Administrative Code, or maintain the appropriate amount of contractor's insurance may apply one time for late renewal pursuant to rule 4101:16-2-07 of the Administrative Code.

(C) Any person who fails to renew their license in the normal renewal time frame and under late renewal or who has been previously granted a late renewal shall not be granted another late renewal or granted another license under reciprocity, but shall be required to file an application for the examination pursuant to rule 4101:16-2-02 of the Administrative Code.

Last updated May 13, 2022 at 8:34 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-11 Conditional licenses.

(A) In accordance with division (I)(4) of section 4740.06 of the Revised Code, in lieu of denying the application or renewal, the appropriate specialty section may instead in its discretion issue a conditional license. The conditional license may impose certain obligations upon the individual in order to obtain or maintain the license. If the conditions are not met, or if the individual otherwise violates Chapter 4740. of the Revised Code or the rules enacted thereunder, the appropriate specialty section may revoke the conditional license.

(B) A conditional license is valid for one year, after which point the conditions imposed upon the license shall no longer be in effect and the individual shall be deemed fully licensed. The individual shall still be obligated to comply with the requirements for every non-conditional licensee, including all renewal requirements.

Last updated May 13, 2022 at 8:35 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-12 Inactive status.

(A) An individual holding a valid and un-expired current license issued pursuant to Chapter 4740. of the Revised Code may request that the license be placed in inactive status. The request shall be in writing on a form prescribed and furnished by the appropriate specialty section. The licensee shall provide any other information the appropriate specialty section deems necessary. A license may remain in inactive status indefinitely.

(B) An individual who places their license in an inactive status shall not engage in specialty contracting or any activity for which the license is required. If the appropriate specialty section determines that the licensee has engaged in specialty contracting or in an activity requiring a valid license under Chapter 4740. of the Revised Code, the appropriate section may suspend or revoke the inactive license, and such notification shall state that the person may request an adjudication hearing pursuant to rule 4101:16-1-07 of the Administrative Code and section 119.07 of the Revised Code.

(C) In order to maintain a license in inactive status, an individual shall apply for a renewal of the inactive license each year in accordance with rule 4101:16-2-07 of the Administrative Code. If an individual fails to apply for renewal of the inactive status of the license pursuant to this rule, the license shall expire at the end of the inactive status period for which the license was granted. An individual whose inactive license has expired due to non-renewal may apply in writing to the appropriate specialty section for a late renewal. The appropriate specialty section may allow the inactive license to be renewed late, pursuant to rule 4101:16-2-07 of the Administrative Code, upon payment of the renewal fee plus a late fee within the time period specified. If the individual fails to comply with the terms imposed by the appropriate specialty section, the license shall automatically expire by operation of law, without the taking of any action by the appropriate section or the board's secretary.

(D) During the period a license is in an inactive status, the licensee is exempt from the continuing education requirements of rule 4101:16-2-08 of the Administrative Code. The licensee is not required to maintain contractor liability insurance during the period the license is in inactive status.

(E) An individual may have a license returned to active status upon the following conditions:

(1) The individual notifies the appropriate specialty section on a form prescribed and furnished by the section;

(2) The individual completes the cumulative continuing education requirements for the period of time that the license was in inactive status. An individual seeking to have a license returned to active status shall be required to complete no more than ten hours of continuing education courses for each year the license was in an inactive status, but not to exceed a total of thirty hours. In the event the individual was in the compliant contractor program, pursuant to rule 4101:16-1-08 of the Administrative Code, at the time the license was placed in inactive status, the individual shall be required to complete no more than eight hours of continuing education courses for each year the license was in an inactive status, but not to exceed a total of twenty-four hours;

(3) The individual pays a reactivation fee of sixty dollars; and

(4) The individual certifies that he or she maintains at least five hundred thousand dollars in contractor liability insurance pursuant to rule 4101:16-2-09 of the Administrative Code.

(F) The specialty section shall maintain an up-to-date list of all licenses in inactive status and shall make such a list available to all building departments upon request.

Last updated May 13, 2022 at 8:35 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-13 Military provisions related to licensure.

(A) Eligibility for licensure.

(1) In accordance with section 5903.03 of the Revised Code, there are no military programs of training, military primary specialties, and lengths of service that are substantially equivalent to or exceed the educational and experience requirements for licensure.

(2) A veteran's relevant military experience, education, and training will be considered when determining whether the veteran has met all or part of the requirements for licensure. A veteran should provide all relevant military documentation demonstrating his or her military experience, education, and training to assist the board in its determination.

(B) License renewal.

(1) In accordance with section 5903.10 of the Revised Code, a veteran, whose license expired due to the veteran's military service, is eligible for renewal of the expired license if the following conditions are met:

(a) The veteran presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the veteran was honorably discharged or separated from the military under honorable conditions;

(b) The veteran is not disqualified because of a mental or physical disability that would preclude the veteran from meeting the license requirements; and

(2) In accordance with section 5903.10 of the Revised Code, a veteran's spouse whose license expired due to the veteran's military service is eligible for renewal of the expired license if the following conditions are met:

(a) The veteran's spouse presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the veteran was honorably discharged or separated from the military under honorable conditions and as a result of the veteran's military duty, the veteran's spouse was absent from this state; and

(b) The veteran's spouse meets the requirements for license renewal.

(3) A veteran or veteran's spouse who meets the conditions in paragraph (C)(1) or (C)(2) of the Administrative Code shall not be assessed a penalty for submitting a late renewal application and shall not be required to take a re-examination unless all licensees for renewal are required to successfully complete an examination prior to being renewed.

(1) A veteran may request an extension of the current continuing education reporting requirement if the following conditions are met:

(a) The veteran served on active duty inside or outside the United States for a period in excess of thirty-one days during the current or prior continuing education reporting period; and

(b) The veteran submitted an application and proper documentation certifying the active duty service and the length of the active duty service.

(2) Upon receiving the completed application and proper documentation, the board shall extend the current continuing education reporting period by an amount of time equal to the total number of months that the veteran spent on active duty during the current continuing education reporting period. Any portion of a month served shall be considered one full month.

(3) The board shall consider relevant education, training, or service completed by the veteran while on active duty in determining whether the veteran has fulfilled the continuing education requirements.

Last updated May 13, 2022 at 8:35 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-14 Temporary licenses for members of the military and their spouses.

As provided in section 4743.041 of the Revised Code, temporary licenses shall be issued in accordance with Chapter 1301:3-9 of the Administrative Code.

Last updated May 13, 2022 at 8:35 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Chapter 4101:16-3 Examinations; Continuing Education; Adjudication Hearings

Ohio Adm.Code 4101:16-3-01 Approval of training agencies.

(1) Name, address, email address, facsimile number, and telephone number of the training agency;

(2) Name, address, email address, facsimile number, and telephone number of the owner(s) of the training agency;

(4) A description of the purpose of the agency;

(5) Name of the education coordinator;

(6) Information of the accreditation of the training agency;

(7) Policy regarding attendance and procedure for record keeping of attendance;

(9) Any other information that the administrative section deems necessary.

(C) The administrative section or the board's secretary shall maintain a current listing of all approved training agencies that provide continuing education for applicable specialty contractors.

(E) A training agency approval is valid for a period of one year.

(G) A training agency shall file its renewal application for approval not more than sixty days nor less than thirty days prior to the expiration of the previous approval.

Last updated May 13, 2022 at 8:35 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-2-09

(A) The fees for applications for examination, issuance of licenses, and annual renewal of licenses are as follows:

(1) Twenty-five dollars for application for examination;

(2) Twenty-five dollars for issuance of any license;

(3) Sixty dollars for the annual renewal of each license; one hundred eighty dollars for the triennial renewal of each license;

(4) A late fee of not more than one hundred and twenty dollars will be assessed for each license not timely renewed under rule 4101:16-2-07 of the Administrative Code; and

(B) The fees for each continuing education course and for the annual approval of each training agency are as follows:

(1) A fee of ten dollars plus one dollar per credit hour for each course application submitted;

(2) A fee of one dollar per credit hour of instruction per attendee; and

(3) A fee of twenty-five dollars for each training agency application submitted.

(C) Each fee described in paragraphs (A) and (B) of this rule is nonrefundable and payable to the administrative section of the Ohio construction industry licensing board.

Last updated May 13, 2022 at 8:34 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-3-02

(A) An approved training agency shall provide to the appropriate specialty section a roster of all individuals holding a license pursuant to Chapter 4740. of the Revised Code that attended an approved continuing education course or program of instruction and the fees required by rule 4101:16-2-09 of the Administrative Code. The roster and the required fees must be submitted within fourteen calendar days of the date of completion of the course or program of instruction. The roster shall be provided to the board on the form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The roster shall contain any information the appropriate section deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in disapproval or non-renewal of a training agency's approval.

(B) An individual holding a license pursuant to Chapter 4740. of the Revised Code that falsifies information pertaining to the completion of the continuing education requirements may be subject to disciplinary action against their license pursuant to section 4740.10 of the Revised Code and rule 4101:16-1-06 of the Administrative Code.

(C) An approved training agency that fails to notify the board of the date, time, and place of the continuing education course/program or falsely reports attendance, the number of hours attended by a licensee, or completion of an approved continuing education course/program by a licensee may be removed from the approved training agency list maintained by the administrative section or the board's secretary pursuant to rule 4101:16-3-01 of the Administrative Code.

Last updated May 13, 2022 at 8:36 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-3-03

(A) Continuing education course criteria.

(1) The appropriate specialty sections shall approve a course of study or program of instruction offered for continuing education purposes within the curriculum pursuant to this rule only if the training agency has been approved by the administrative section and the training agency submits the nonrefundable fees as set forth in rule 4101:16-2-09 of the Administrative Code. No training agency may conduct the course of study or program of instruction for credit unless the administrative section has approved that training agency and the course has been approved by the appropriate specialty section.

(2) If the training agency fails to submit its course application as set forth in this rule, the specialty sections may not consider such application at its next regular scheduled meeting. The training agency shall submit its application for a course approval not less than sixty calendar days nor more than one year prior to the date of the course or program offering. No application for a course of study or program of instruction for continuing education shall be approved by the appropriate specialty section unless such course or program meets the curriculum as defined in this rule. The application shall be on forms prescribed and furnished by the appropriate specialty section.

(3) Online or computer-based courses.

(a) For purposes of this chapter, "online or computer-based courses" means any e-learning, online, electronic, computer-based, or similar course or program that is designed to teach or educate using electronic media of some form, typically employing the use of the internet. "Online or computer-based courses" does not include courses offered on VHS, DVD, or similar non-interactive media.

(b) Online or computer-based courses will only be approved in accordance with paragraph (A)(5) of this rule, but shall not account for more than half of the continuing education hours required for license renewal for each licensee.

(4) The appropriate specialty section, when acting upon an application for approval of a course of study or program of instruction, will consider, but not be limited to, the following criteria:

(a) The application shall contain the following:

(i) Name, address, email address, facsimile, and telephone number of the training agency;

(ii) The policy regarding attendance and the procedure used for record keeping of attendance;

(iii) The date(s), location, and time that the course/program will be offered;

(iv) Name, address, email address, facsimile, telephone number, and occupation of proposed instructors;

(v) Résumé of the proposed instructors detailing their experience and qualifications and the résumé of any alternate proposed instructors;

(vi) The content of the course/program;

(a) Title of the course/program;

(b) Educational objective of the course/program;

(d) Outline or syllabus that contains a brief description of the course/program; and

(e) Duration of time of the course/program.

(vii) Sample of the proposed advertising or written notice of the course/program;

(viii) Fee for course/program;

(ix) A description of the physical facility in which the course or program of instruction is offered, unless the course or program is online or computer-based; and

(x) Such other information as the appropriate specialty section may request.

(b) The suitability of the physical settings of the programs offered by the training agency, unless the course or program is online or computer-based;

(d) The electronic and technological capacity of the training agency to provide the appropriate specialty section with attendance information, course information, and any other information the specialty section deems necessary to be received electronically.

(5) In addition to considering the criteria set forth in paragraph (A)(4) of this rule, the appropriate specialty section, when acting upon an application for approval of a course of study or program of computer-based or online instruction, shall not approve the course/program unless it also complies with the following criteria:

(a) The course is designed to assure that participants are actively engaged in the instructional process while completing the course by utilizing techniques that require participant interaction with the computer program;

(b) If in each unit of instruction there is no activity from the participant after thirty minutes of instruction time, the course will shut down and the participant will have to begin from the beginning of the unit;

(c) The provider utilizes procedures that provide reasonable assurance of participant identity and that the participant receiving the continuing education credit for completing the course actually performed all of the work required to complete the course; and

(d) The provider utilizes a clock or timer on each screen that accurately records the course completion time to ensure course time equals the amount of continuing education credit hours received.

(B) No course of study or program of instruction will be approved by the specialty sections of the board in which classroom instruction exceeds ten classroom hours of instruction in any one day.

(C) The approval of a course of study or program of instruction is valid for one year. Provided that the training agency renews, or the administrative section approves the renewal of a training agency, then the approval of a course of study or program of instruction by that agency shall be valid for one year unless such training agency fails to renew or the administrative section does not approve the renewal of the training agency.

(D) Instructors, seminar and conference leaders, lecturers, and others who present materials at a course or program must have five years of full-time experience in a profession, trade, or technical occupation in the subject matter being taught. In addition, no continuing education course will be approved if an instructor of a proposed course is a local or state inspector and the instructor's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005.

(E) Upon approval of a course of study or program of instruction by the appropriate specialty section, the section shall notify the training agency of the approval.

(F) An instructor may receive continuing education credit for the number of unduplicated subject matter hours instructed.

(G) An approved training agency shall provide the appropriate specialty section with a roster of attendees of a provided course or program within fourteen calendar days of completion of the course or program. The roster shall be provided to the appropriate specialty section by a posting on the Ohio construction industry licensing board website in a manner and form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The roster shall contain any information the appropriate specialty section deems appropriate.

(H) An approved training agency shall notify the appropriate specialty section in writing, within fourteen calendar days of the date of an approved course offering, of any cancellation or changes to the course date, time, or location of a course or program. If the training agency is proposing to change the content of a course or program or an approved instructor with an instructor that has not been approved for the course or program, the training agency shall comply with paragraph (K) of this rule before such course or program shall be offered.

(I) Any member of the Ohio construction industry licensing board or their designees may attend a course or program being offered by an approved training agency in order to determine whether the course or program is being conducted in accordance to approved guidelines and procedures established in this rule.

(J) Any training agency that fails to comply with this rule or rules 4101:16-3-01 and 4101:16-3-02 of the Administrative Code may be disapproved or not renewed. Any training agency that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

(K) If the change to the approved course/program materially alters the contents of the course/program initially approved by the specialty section, or if an approved instructor(s) is not available to teach the course or program, the training agency may not hold that course/program if the training agency receives approval for the changes from the appropriate specialty section.

Last updated May 13, 2022 at 8:36 AM

History

Effective: May 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4101:16-1-06