Okla. Stat. tit. 59, § 59-1000.4

- 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;

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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;
s 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.

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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 vice-

chair 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
s 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

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

legal fees to the prevailing party.