Okla. Stat. tit. 19, § 19-864.3

Expenses of operation.

Joint city-county electrical examining and appeals board:

a. The board of county commissioners and the governing body of

any city having a population of one hundred eighty thousand

(180,000), or more, according to the last preceding Federal

Decennial Census or any future Federal Census, may, by an agreement

in writing, create a joint city-county electrical examining and

appeals board. The agreement may contain such provisions for the

creation and manner of dissolution of the board and such other

matters as may be agreed upon, and shall provide for the

appropriations to be made by the city and county for the operation

of the board. Where used herein, the term board shall have

reference to the joint city-county electrical examining and appeals

board unless otherwise specifically noted.

The board shall be composed of seven (7) members. Two members

shall be required to be holders of certificates of competency as

Class A electrical contractors. Two members shall be holders of

certificates of competency as Class A journeyman electricians. The

board of county commissioners shall appoint one person certified as

Class A electrical contractor and one person certified as a Class A

journeyman electrician. The governing body of the city shall

appoint one person certified as a Class A electrical contractor and

one person certified as a Class A journeyman electrician. The

remaining three members shall be appointed by the governing body of

the city with the consent of the board of county commissioners,

provided however, that if the governing body of the city and the

board of county commissioners do not concur in such appointments

within thirty (30) days of any such vacancy the appointments may be

Oklahoma Statutes - Title 19. Counties and County Officers Page 326

made by a majority of the members of the board. One member of said

board shall be a registered professional engineer with experience or

training in the field of electrical engineering, one member of said

board shall be a lawyer admitted to practice before the courts of

this state, and one member shall be a licensed architect. The

initial terms of the Class A electrical contractors and the Class A

journeyman electricians appointed by the governing body of the city

and appointed by the board of county commissioners shall be for a

period of two (2) years and the initial term of the remaining three

appointments shall be for a term of one year. The term of such

initial appointees and of all subsequent appointees of the city and

county shall expire as of July 31 of that calendar year in which the

terms expire, regardless of the calendar date upon which the

appointments are made. Subsequent appointments of the city and

county shall be for terms of two (2) years, except in the case of an

appointment to fill a vacancy in the membership of the board which

latter appointment shall be for the unexpired term of the member

whose death, resignation, or removal has created the vacancy.

Following the expiration of the term for which he was appointed, any

member shall continue to serve until his successor has been

appointed and qualified; provided, however, that no person shall

serve more than two successive terms as a member of said board.

A quorum of such board necessary to conduct business or take

action of a discretionary nature shall be four members.

b. It shall be the duty and within the authority of said board

to perform any or all of the following acts:

(1) To give written examinations to persons desiring to obtain a

certificate of competency to engage in or work at that phase or

classification of the electrical business designated and as the same

is herein defined as to the applicant's skill and knowledge and

entitlement to such certificate of competency.
y and within the authority of said board

to perform any or all of the following acts:

(1) To give written examinations to persons desiring to obtain a

certificate of competency to engage in or work at that phase or

classification of the electrical business designated and as the same

is herein defined as to the applicant's skill and knowledge and

entitlement to such certificate of competency.

(2) To re-examine any applicant who fails to pass an examination

required herein. Provided, however, that such person will be

ineligible for re-examination until the expiration of ninety (90)

days from the date of such prior examination. Payment of the

examination fees established herein must be made for each separate

examination or re-examination.

(3) To hear appeals on technical disputes arising between the

inspectors of the city, county or metropolitan area and electrical

contractors, property owners or lessees, as to the interpretation

and effect of the electrical code as the same is established.

(4) To prepare and issue interpretative opinions relative to the

technical aspects of the electrical code, but to perform this

function only in the event some real dispute has arisen between

affected parties.

Oklahoma Statutes - Title 19. Counties and County Officers Page 327

(5) To act as a permanent code committee and to investigate and

suggest to the proper legislative authority such changes in the

electrical code as may be desirable.

(6) To formulate its own rules and regulations pertaining to

procedure within the limits set forth in this act, provided all

examinations required herein upon which a determination or

conclusion is reached by the board shall be reduced to writing

subject to review in accordance with provisions hereof and not

otherwise in conflict therewith.

(7) To employ necessary clerical personnel subject to the joint

approval of the city, county or metropolitan area authority, and to

expend funds for necessary technical and professional services and

equipment within the limits of appropriations made therefor; all of

which shall be subject to the terms and conditions of the agreement

creating such board.

(8) The board may, upon its own motion or upon a charge in

writing by any person, consider charges against any licensee or

certificate of competency holder that such person has been guilty of

repeated wilful violations of this act or of a transfer of license

in violation of this act. At all times and in all proceedings the

board shall comply with the provisions of Chapter 8, Title 75,

Oklahoma Statutes, otherwise known as the Administrative Procedures

Act, and specifically the board shall be required to comply with and

have the powers and duties of the provisions of Sections 309 et

seq., Title 75, Oklahoma Statutes, in connection with any hearing

authorized by this act. If the board finds from the evidence

presented that the charges have been sustained by the evidence

presented, it shall then file such findings with the district court

clerk styled: In Re: The matter of the suspension or revocation of

the license or certificate of competency of "__________", (inserting

the name of the person, firm or corporation so charged). Such

matter shall be docketed and considered as any other civil matter

within the equity jurisdiction of the district court. The matter

shall be considered de novo by the district court. The charges and

findings of the board filed with the district court clerk and any

response or answer filed by the person, firm or corporation so

charged shall constitute the issues for trial by the district court.

If the district court finds that the evidence sustains the charges,

the district court may suspend, revoke, or impose sanctions upon the

license or certificate of competency of any person, firm or

corporation found guilty of such charges, and provided for the

conditions for the reinstatement, restoration or removal of
on so

charged shall constitute the issues for trial by the district court.

If the district court finds that the evidence sustains the charges,

the district court may suspend, revoke, or impose sanctions upon the

license or certificate of competency of any person, firm or

corporation found guilty of such charges, and provided for the

conditions for the reinstatement, restoration or removal of

sanctions as a part of any such judgment.

(9) To issue, reissue or renew licenses, under the terms of this

act, and to receive and account for all license and examination fees

paid to it. Funds so received shall be deposited as provided in the

agreement establishing the board.

Oklahoma Statutes - Title 19. Counties and County Officers Page 328

(10) Proceedings of the board shall be in writing with minutes

kept of all meetings, both regular and special. Copies of

proceedings, including findings, determinations and interpretations

shall be public records, and all meetings, both regular and special,

shall be open to the public, except during those meetings when the

examination of applicants for certificates of competency are being

conducted or personnel matters are being considered.

c. Any ruling, requirement, decision or interpretation of the

board shall be final and binding upon all parties thereto unless

appealed to the district court of competent jurisdiction within

fifteen (15) days from the rendition of such rule, requirement,

decision or interpretation, in the manner and form now provided by

statute for appeals generally. In the event of an appeal, any party

aggrieved by the action of the board shall serve a copy of the

petition of appeal upon the secretary or any member of the board

within fifteen (15) days following the action from which an appeal

is taken.

Any appeal from a judgment, decision, action or determination of

the board considered by the board under the provisions of Section 3,

subsection b., (3), of this act in regard to technical disputes

shall be to the district court sitting as an appellate tribunal.

All other appeals shall be to the district court for hearing and

trial de novo.

Any contractor, property owner or lessee who appeals the

decision of the board relating to electrical code requirements to

the district court must, upon order of the district court, file with

the clerk of the district court a bond in an amount as determined by

the district court to be sufficient to place the work in condition

to satisfy the requirements of the code. Upon failure to file a

bond as herein required, the appeal shall be dismissed. Anyone

taking an appeal from the board must pursue the appeal diligently

and in the event the appeal is not heard within six (6) months, due

to failure of the appellant to diligently pursue the appeal, the

court shall thereupon dismiss said appeal with prejudice and order

the action appealed from enforced.

d. The filing of a notice of appeal from a decision of the

electrical inspector or the board shall stay any order of the

electrical inspector or board if such order is based upon a

technical violation of the electrical code. If the board or a court

of competent jurisdiction shall determine that such order is based

on a present and immediate danger to life and property, then any

appeal as permitted herein shall not stay the order of the

electrical inspector, provided, however, that any such order shall

be made in writing and served on the affected parties.

e. The expenses of operating the board shall be provided for

under the terms of the agreement creating such board. Necessary

funds will be appropriated by the city or county, or both, as the

Oklahoma Statutes - Title 19. Counties and County Officers Page 329

case may be, for the purpose of defraying approved operating

expenses. The manner in which claims shall be presented and

approved for payment shall be provided by the agreement creating the
ed for

under the terms of the agreement creating such board. Necessary

funds will be appropriated by the city or county, or both, as the

Oklahoma Statutes - Title 19. Counties and County Officers Page 329

case may be, for the purpose of defraying approved operating

expenses. The manner in which claims shall be presented and

approved for payment shall be provided by the agreement creating the

board. Members of the board shall be compensated for attendance at

meetings in an amount fixed by the agreement creating the board not

to exceed Fifteen Dollars ($15.00) per diem, and such compensation

shall be limited to two meetings per calendar month.

f. All actions, decisions and opinions of the board which have

become final shall be binding upon the electrical inspectors and

upon all of the parties to the proceeding in which the action,

decision or opinion has been given, shall remain in force and be

binding thereafter until otherwise changed, overruled, modified or

cancelled.