§ 4114.727. Suspension or revocation of an OCILB licensed specialty contractor registration.

Upon receiving a complaint in writing made by any person and subscribed to by such complainant, and sworn to affirmatively by the complainant before an officer of the department or magistrate authorized to administer oaths, stating in substance facts indicating that an OCILB licensed specialty contractor registration-holder shall have done any of the things hereinbefore mentioned which constitute cause for the suspension or revocation of their OCILB licensed specialty contractor registration, the secretary of the relevant board of review shall cause a copy of such complaint to be served by certified mail on such OCILB licensed specialty contractor registration-holder complained of. This notice shall also identify the relevant board of review that will adjudicate the complaint, the location, time, and date upon which such complaint will be heard by the board of review. The hearing by the board of review shall be at some time no later than 60 calendar days after the filing of such complaint.

Concurrently, the complainant shall also be notified as to the time, date and place of hearing.

At the time, place and date mentioned in such notices, the relevant board of review shall hear the testimony of such complainant, and of the OCILB licensed contractor registration-holder complained against, relative to the matters set forth in such written complaint, and also the testimony of any person(s) having knowledge of the facts and brought before such board of review as a witness(s). All such testimony shall be heard under the oath or affirmation of the persons testifying. The board of review shall have the power to adjourn, or continue, such hearings or to change the place thereof as the circumstances of the particular case may require.

The board of review shall determine the truth or falsity of the matters charged in the complaint after hearing the testimony upon such complaint. In addition, the board of review shall also determine whether any violation of the terms and conditions under which the registration was issued to the OCILB licensed specialty contractor registration-holder complained of has occurred. If the board of review determines that such complaint is not true, or the testimony fails to show that any violation of the terms under which such registration was issued has been committed, the board of review shall forthwith dismiss such complaint.

If, however, it was ascertained that a violation has been committed, the board of review shall have the authority to suspend for a period not to exceed six months, or to revoke the OCILB licensed specialty contractor registration held by the licensed specialty contractor registration-holder. Any OCILB licensed specialty contractor registration-holder whose registration shall be so revoked shall not be entitled to apply for the issuance of a new OCILB licensed specialty contractor registration for a period of one year after the date of such revocation, and not until such former registrant has corrected the cause for which such registration was revoked or suspended, if a specific cause was stated. The penalty to be attached in each case shall be at the discretion of the board of review and up to the limits prescribed herein. The secretary of the relevant board of review shall notify the department's licensing section, in writing, by no later than the close of business of the following work day after the final determination of the board of review's hearing was made concerning the complaint filed against the registration-holder. In addition, the secretary of the board of review shall also notify the executive secretary of the Ohio Construction Industry Licensing Board (OCILB) in writing when the appropriate review board finds cause for action involving revocation of the contractor's registration. The decision of the relevant board of review concerning a revocation or suspension of an OCILB licensed specialty contractor registration shall be appealed to the Columbus building commission pursuant to Chapter 4107. Such an appeal shall be limited to the record created during the proceeding before the applicable board of review. An appeal before the building commission pursuant to Chapter 4107 shall not be a trial de novo. Such an appeal to the Columbus building commission shall be filed within 31 calendar days from the date the board of review made its determination.

Following revocation, or during any period of suspension, such revoked former or currently suspended registration-holder shall not perform any new permit work of an OCILB licensed registered contractor, and no permit shall be issued thereto by the department.

(Ord. 1670-01 § 1 (part): Ord. 1697-2006 § 38; Ord. No. 0321-2011, § 1(Attach. § 3), 12-12-2011)

Department-Issued Registrations—Requirements and Provisions