Okla. Stat. tit. 59, § 59-1151.5

This is the official text of Okla. Stat. tit. 59, § 59-1151.5, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.

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Obtaining a roofing contractor registration - Refusal

Official statutory text

of registration - Registrar.

Oklahoma Statutes - Title 59. Professions and Occupations Page 922

A. Applications for registration shall be made to the

Construction Industries Board in writing on forms approved and

provided by the Board and shall be accompanied by the proper fee.

B. An applicant or qualifying party whose registration is

denied, or the person has a conviction, or pled guilty or nolo

contendere to a misdemeanor, or otherwise fails to meet the

requirements of application, may obtain a hearing before the

Committee of Roofing Examiners in order to provide information in

support of the application requirements and any other information

showing the applicant’s ability and willingness to comply with the

requirements of the Roofing Contractor Registration Act, and to

protect the public health, safety and welfare.

C. To obtain a roofing contractor registration under the

Roofing Contractor Registration Act, a qualifying party who is

eighteen (18) years of age or older shall submit, on forms the

registrar prescribes:

1. An application under oath containing a statement:

a. of the qualifying party’s experience and

qualifications as a roofing contractor, if any,

b. that the qualifying party desires the issuance of a

roofing contractor registration certificate,

c. that the qualifying party has read the Roofing

Contractor Registration Act and will comply with the

provisions of the Roofing Contractor Registration Act

and rules,

d. that the qualifying party will comply with state laws

and local ordinances relating to standards and

permits,

e. that the qualifying party has or has not been

registered or licensed as a roofing contractor in

another state and whether any disciplinary action has

been taken against such registration or license and

whether it is currently in good standing, and

f. that the nonresident qualifying party appoints the

Secretary of State as legal service agent for all

lawful process to be served upon the applicant for

work performed in this state or as otherwise provided

in the Roofing Contractor Registration Act;

2. The qualifying party’s name, physical address and proof

thereof, business name, telephone number, address and place of

incorporation, if different, information on any other person who

will be authorized to act as the business entity, and the

applicant’s telephone number, if different;

3. The entity’s federal tax ID number, or the employer’s or

owner’s or qualifying party’s Social Security number, and the

employer’s account number assigned by the Oklahoma Employment

Security Commission. The Social Security number information shall

Oklahoma Statutes - Title 59. Professions and Occupations Page 923

remain with the registrar as confidential and privileged except for

necessary disclosures to state agencies to verify compliance with

requirements with this act, or upon request by law enforcement; and

4. A copy of the roofing contractor’s certificate of liability

insurance shall be filed with the application and shall be not less

than Five Hundred Thousand Dollars ($500,000.00) for residential

roofing contractor work and shall not be less than One Million

Dollars ($1,000,000.00) for commercial roofing contractor work.

Additionally, the Construction Industries Board shall be listed as a

certificate holder. Any insurance company issuing a liability

policy to a roofing contractor pursuant to the provisions of the

Roofing Contractor Registration Act shall be required to notify the

Construction Industries Board in the event such liability policy is

canceled for any reason or lapses for nonpayment of premiums. All

registrations granted under the Roofing Contractor Registration Act

shall be suspended on the date of the policy cancellation. The

registrar must receive proof of insurance prior to restoring the

registration.

In addition, the roofing contractor shall submit proof that the
Industries Board in the event such liability policy is

canceled for any reason or lapses for nonpayment of premiums. All

registrations granted under the Roofing Contractor Registration Act

shall be suspended on the date of the policy cancellation. The

registrar must receive proof of insurance prior to restoring the

registration.

In addition, the roofing contractor shall submit proof that the

contractor has secured workers’ compensation coverage satisfactory

under the Workers’ Compensation Act, or an affidavit of exemption or

self-insurance as authorized pursuant to the Workers’ Compensation

Act. If the registrar deems it appropriate or necessary, the

registrar may also require other information to be included on the

application form to assist the registrar in registering the person

as a contractor.

D. The qualifying party applying for a commercial roofer

endorsement must provide information on the legal entity, including,

but not limited to, the articles, organizational agreements or

documents establishing the legal entity, including a list of the

officers, members, managers, partners, or other managing agents of

the legal entity. The qualifying party shall also provide a

certificate of good standing or a trade name report from the Office

of the Secretary of State.

E. The registrar shall refuse to register any person if the

registrar determines:

1. The application contains false, misleading, or incomplete

information;

2. The applicant fails to provide a certificate of good

standing or a trade name report from the Office of the Secretary of

State;

3. The applicant, qualifying party, or any member of the legal

entity fails or refuses to provide any information requested by the

registrar;

4. The applicant fails or refuses to pay the required fees;

Oklahoma Statutes - Title 59. Professions and Occupations Page 924

5. The applicant, qualifying party, or owner or officer or

managing member of the legal entity is ineligible for registration

due to a suspended or revoked registration in this state;

6. The nonresident applicant has a revoked or suspended

registration or license required by law for roofing contractors in

another state; or

7. The applicant, qualifying party, or legal entity has failed

or refuses to submit any taxes due in this state.

F. The registrar shall notify the applicant in writing if the

registrar denies a registration or renewal certificate, and shall

provide the applicant an opportunity to respond to or cure any

defect in the written application or renewal for a period of ten

(10) days from the date of the written notification. An applicant

aggrieved by a decision of the registrar denying a registration or

renewal may appeal the decision as provided in the Roofing

Contractor Registration Act, the Construction Industries Board Act,

or the Administrative Procedures Act, or the applicant may reapply

after a ninety-day waiting period, if otherwise eligible under the

provisions of the Roofing Contractor Registration Act. The

application and renewal fees shall not be refundable.

G. The registrar shall classify as not in good standing the

registration of any roofing contractor who fails to:

1. Maintain liability insurance coverage;

2. Maintain workers’ compensation coverage satisfactory under

the Workers’ Compensation Act, or provide an affidavit of exemption

or self-insurance as authorized pursuant to the Workers’

Compensation Act;

3. File, renew, or properly amend any fictitious name

certificate;

4. Maintain an active status of a corporation or registration

as a foreign corporation, a limited liability company or

registration as a foreign limited liability company, a limited

liability partnership registration or foreign limited liability

partnership registration, or a limited partnership certificate or

limited partnership or foreign limited partnership certificate of

authority, with the Office of the Secretary of State;
poration or registration

as a foreign corporation, a limited liability company or

registration as a foreign limited liability company, a limited

liability partnership registration or foreign limited liability

partnership registration, or a limited partnership certificate or

limited partnership or foreign limited partnership certificate of

authority, with the Office of the Secretary of State;

5. File or renew a trade name registration;

6. Maintain or renew a roofing contractor registration as

provided in the Roofing Contractor Registration Act;

7. Notify the registrar of a change in name, address, legal

business entity, qualifying party, legal service agent, or

adjudication by a court of competent jurisdiction for any act or

omission specified in subsection A of Section 1151.14 of this title

or a violation of the Roofing Contractor Registration Act;

8. Maintain a registration as required by law in another state

while registered in this state as a nonresident roofing contractor;

or

Oklahoma Statutes - Title 59. Professions and Occupations Page 925

9. File and pay all taxes of the qualifying party and legal

entity when due in this state.

H. The registrar shall send a written notice to the qualifying

party when his or her registration is not in good standing.

I. Any roofing contractor who has been notified by the

registrar that his or her registration is not in good standing shall

cease soliciting or entering new roofing services and projects as of

the date of such notification; however, the roofing contractor shall

be allowed to complete roofing projects where actual physical work

has begun prior to the date of issuance of the notice that his or

her registration is not in good standing. The roofing contractor

must disclose the change in standing to any homeowner or other

person who has an interest in any job covered under the Roofing

Contractor Registration Act. Upon notice of a change in standing,

the homeowner shall have the option to cancel the contract. The

roofing contractor will be owed the actual cost incurred for

materials and the market value of labor already incurred on the job.

The roofing contractor must obtain an updated authorization from the

homeowner and other parties of interest if there is an agreement to

continue the job as originally negotiated. If the roofing

contractor fails to correct the deficiency specified in the notice

by evidence satisfactory to the registrar within thirty (30) days of

the date of the notice, or if the roofing contractor solicits or

enters into new roofing services contracts or projects while the

roofing contractor’s registration is not in good standing, or while

such registration is suspended or revoked, the roofing contractor

shall be in violation of the provisions of the Roofing Contractor

Registration Act.

J. Any registration that remains not in good standing for a

sixty-day period shall be suspended on the sixtieth day from the

date of issuance of the notice to the roofing contractor that his or

her registration is not in good standing. Any registration that

remains not in good standing, and is suspended for such cause, shall

be revoked on the ninetieth day from the date of issuance of the

notice to the roofing contractor that his or her registration is not

in good standing. The registrar shall notify the roofing contractor

upon suspension or revocation of his or her registration for failure

to comply in bringing such registration into good standing as

required by law. The roofing contractor may reinstate his or her

registration to good standing by paying the required fees provided

in Section 1151.12 of this title and complying with all other

requirements for issuance of a registration in good standing.

K. Any registrant, qualifying party, or roofing company owner

aggrieved by the decision of the registrar to suspend or revoke a

registration pursuant to this section may appeal such decision as
is or her

registration to good standing by paying the required fees provided

in Section 1151.12 of this title and complying with all other

requirements for issuance of a registration in good standing.

K. Any registrant, qualifying party, or roofing company owner

aggrieved by the decision of the registrar to suspend or revoke a

registration pursuant to this section may appeal such decision as

provided in this act or the Administrative Procedures Act.

Oklahoma Statutes - Title 59. Professions and Occupations Page 926

Status: in_force · Read it on the official government site

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