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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1035 By: Woods
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6 AS INTRODUCED
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7 An Act relating to construction licensing; amending
7 59 O.S. 2021, Sections 858-634, 1000.9, 1010.1, 1044,
8 1151.3, 1695, and 1850.11, which relate to
8 administrative fines, orders requiring compliance
9 with standards and rules, violations, and roofing
9 contractor registration; limiting certain penalties;
10 requiring certain educational material to be provided
10 upon certain violation; requiring certain non-
11 adversarial meeting for certain offenders;
11 establishing certain limitations for consideration in
12 certain hearing; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 59 O.S. 2021, Section 858-634, is
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17 amended to read as follows:
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18 Section 858-634. A. The Committee may impose administrative
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19 fines on any licensee licensed pursuant to the Home Inspection
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20 Licensing Act. Fines may be imposed as follows:
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21 1. Any administrative fine imposed as a result of a violation
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22 of the Home Inspection Licensing Act or rules promulgated pursuant
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23 thereto shall not:
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1 a. be less than Two Hundred Dollars ($200.00) and shall
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2 not exceed Two Thousand Dollars ($2,000.00) for each
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3 violation, or
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4 b. exceed Five Thousand Dollars ($5,000.00) for all
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5 violations resulting from a single inspection;
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6 2. All administrative fines shall be paid within thirty (30)
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7 days of written notification to the licensee of the order imposing
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8 the administrative fine or, if the licensee appeals the fine, within
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9 thirty (30) days of the decision of the Construction Industries
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10 Board in favor of the action of the Board unless the district court
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11 stays the order of the Board pending an appeal pursuant to the
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12 Administrative Procedures Act;
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13 3. The Board may suspend the license until any fine imposed
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14 upon the licensee is paid; and
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15 4. If fines are not paid in full by the licensee as required by
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16 this subsection, the Board shall revoke the license.
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17 B. The administrative fines authorized by this section may be
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18 imposed in addition to any other criminal penalties or civil actions
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19 provided for by law.
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20 C. No penalty or penalties under this section shall be issued
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21 inconsistent with Section 1000.9 of this title.
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22 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.9, is
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23 amended to read as follows:
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1 Section 1000.9. A. In addition to any other remedies provided
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2 for by law, the Construction Industries Board may issue a written
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3 order to any person or entity whom the Board has reason to believe
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4 is in violation of, or has violated, any law which the Board has
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5 authority to enforce or the standards or rules promulgated by the
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6 Board, and to whom the Board has served, no less than fifteen (15)
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7 days previously, a written notice of violation. The fifteen-day
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8 notice period may be reduced as, in the opinion of the Board, may be
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9 necessary to render the order reasonably effectual.
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10 B. The written order may require immediate compliance with the
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11 law or the standards or rules promulgated by the Board, or within a
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12 specified time period, or both. The order may also assess an
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13 administrative fine for each day or part of a day that such person
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14 fails to comply with the order.
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15 C. Any order issued pursuant to this section shall state with
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16 specificity the nature of the violation. Any penalty assessed in
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17 the order shall not exceed One Thousand Dollars ($1,000.00) per day
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18 of noncompliance with the order. In assessing such penalty, the
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19 Board shall consider the seriousness of the violation and any
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20 efforts to comply with applicable requirements.
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21 D. Any order issued pursuant to the provisions of this section
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22 shall become a final order unless, no later than fifteen (15) days
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23 after the order is served, the person or persons named therein
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24 request an administrative hearing. Upon such request, the Board
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1 shall promptly conduct a hearing. The Board may dismiss such
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2 proceedings when compliance with the order is demonstrated and all
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3 assessed fines, whether negotiated or not, are paid. A final order
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4 following a hearing determining a violation occurred shall assess an
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5 administrative fine based upon consideration of the evidence and as
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6 allowed by law or rule.
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7 E. Such orders and hearings are subject to the Administrative
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8 Procedures Act.
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9 F. 1. The Board shall not fine any person's first offense, nor
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10 aggregation of first offenses issued concurrently, at an amount
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11 greater than Two Thousand Dollars ($2,000.00). Any such fine
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12 assessed shall include educational resources designed to assist the
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13 first-time offender achieve lawful compliance.
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14 2. The Board shall make a non-adversarial meeting available to
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15 first-time offenders. The purpose of such meeting shall be to guide
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16 and assist first-time offenders through the licensing and compliance
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17 process. A first-time offender's acceptance of, attendance at, or
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18 completion of such a meeting shall not be considered in any
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19 administrative hearing concerning the issuance of the citation or
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20 the amount of a fine.
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21 SECTION 3. AMENDATORY 59 O.S. 2021, Section 1010.1, is
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22 amended to read as follows:
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23 Section 1010.1. A. In addition to other penalties provided by
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24 law, if after a hearing in accordance with the provisions of Section
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1 1010 of this title, the Plumbing Hearing Board shall find any person
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2 to be in violation of any of the provisions of The Plumbing License
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3 Law of 1955, such person may be subject to an administrative fine of
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4 not more than Five Hundred Dollars ($500.00) for each violation.
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5 Each day a person is in violation of The Plumbing License Law of
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6 1955 may constitute a separate violation. The maximum fine will not
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7 exceed One Thousand Dollars ($1,000.00). All administrative fines
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8 collected pursuant to the provisions of this subsection shall be
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9 deposited in the fund established in Section 1018 of this title.
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10 Administrative fines imposed pursuant to this subsection shall be
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11 enforceable in the district courts of this state.
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12 B. The Plumbing Hearing Board may make application to the
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13 appropriate court for an order enjoining the acts or practices
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14 prohibited by The Plumbing License Law of 1955, and upon a showing
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15 by the Plumbing Hearing Board that the person has engaged in any of
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16 the prohibited acts or practices, an injunction, restraining order,
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17 or other order as may be appropriate shall be granted by the court.
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18 C. No penalty or penalties under this section shall be issued
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19 inconsistent with Section 1000.9 of this title.
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20 SECTION 4. AMENDATORY 59 O.S. 2021, Section 1044, is
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21 amended to read as follows:
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22 Section 1044. A. Any person convicted of acting or performing
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23 as a building and construction inspector without the proper license
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24 shall be guilty of a misdemeanor and shall be punished by a fine of
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1 not less than Two Hundred Fifty Dollars ($250.00) nor more than Two
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2 Thousand Five Hundred Dollars ($2,500.00), together with the costs
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3 of prosecution. Each day of violation shall constitute a separate
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4 offense.
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5 Any entity who employs an unlicensed person to perform the
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6 duties and responsibilities of a building and construction inspector
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7 or who fails to notify the Construction Industries Board of the
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8 employment of an inspector shall be subject to an administrative
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9 fine of not more than Two Hundred Dollars ($200.00) for each
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10 violation. Each day a person is in violation may constitute a
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11 separate violation. The maximum fine shall not exceed One Thousand
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12 Dollars ($1,000.00).
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13 B. No penalty or penalties under this section shall be issued
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14 inconsistent with Section 1000.9 of this title.
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15 SECTION 5. AMENDATORY 59 O.S. 2021, Section 1151.3, is
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16 amended to read as follows:
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17 Section 1151.3. A. All roofing contractors shall be registered
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18 annually by the Board. All registrations shall be nontransferable.
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19 It is unlawful for any person to act as a roofing contractor without
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20 having a current and valid roofing contractor's registration or act
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21 as a commercial roofing contractor without a current and valid
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22 commercial roofer endorsement issued pursuant to the Roofing
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23 Contractor Registration Act, unless the person is exempt under the
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24 Roofing Contractor Registration Act. Evidence of securing a permit,
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1 including roofing work from a governmental agency or the employment
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2 of a person on a roofing project, shall be accepted in any court as
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3 prima facie evidence of the existence of a contract.
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4 Each copy of a roofing contractor's record, which would include
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5 responses to any complaints, that is from and verified by the
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6 registrar, or a verified statement from the registrar that there is
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7 no record as no application was made, shall be received in all
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8 courts in this state as prima facie evidence of the facts stated
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9 therein.
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10 A verified copy of a roofing contractor's administrative
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11 citation for unregistered activity or without required commercial
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12 roofer endorsement and order of final disposition from the registrar
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13 shall be received in all courts in this state as prima facie
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14 evidence of the facts stated therein, including establishment
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15 thereby of the first offense.
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16 B. A person shall not engage or offer to engage in, by
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17 advertisement or otherwise, the business nor act in the capacity of
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18 a roofing contractor within this state nor shall that person bring
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19 or maintain any claim, action, suit, or proceeding in any court of
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20 this state related to the person's business or capacity as a roofing
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21 contractor without a valid registration and commercial roofer
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22 endorsement, when required, continuously while performing the work
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23 for which the claim, action, suit, or proceeding is sought, as
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24 provided in the Roofing Contractor Registration Act. No business
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1 entity shall advertise or act as a roofing contractor unless such
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2 business is a registered roofing contractor with a valid commercial
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3 roofer endorsement, when required, and is in good standing, and is
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4 associated with and responsible for all roofing contractor work of
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5 such entity. Any business entity violating the provisions of this
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6 subsection shall be subject to administrative penalty by the Board
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7 not to exceed Five Thousand Dollars ($5,000.00).
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8 C. A person who fails to obtain a valid registration and
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9 endorsement when required prior to advertising or offering to engage
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10 as or acting as a roofing contractor as defined in the Roofing
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11 Contractor Registration Act, or a person who acts as a roofing
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12 contractor while his or her registration is not in good standing or
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13 is suspended or revoked without complying with the required
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14 disclosure and option for homeowner to cancel the contract
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15 provisions of subsection I of Section 1151.5 of this title, or a
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16 person who violates any provision of the Roofing Contractor
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17 Registration Act, shall be guilty of a misdemeanor, upon conviction
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18 or plea, punishable by a fine not to exceed Five Hundred Dollars
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19 ($500.00) for each violation. More than one misdemeanor violation
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20 in any twelve-month period shall be grounds for the suspension of
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21 the registration, and shall cause the person to be ineligible for
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22 registration for a period not to exceed twenty-four (24) months
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23 after all requirements of the sentence, or deferment of sentence,
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1 and probation have been met, including the payment of any
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2 restitution or rehabilitative treatment.
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3 D. In lieu of referring complaints of violations of the Roofing
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4 Contractor Registration Act to the district attorney for misdemeanor
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5 prosecution, the Board in its discretion may issue administrative
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6 fines to any person up to Five Hundred Dollars ($500.00) for
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7 violations of any provision of the Roofing Contractor Registration
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8 Act or its rules or regulations. A person who fails to obtain a
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9 valid registration prior to acting as a roofing contractor, or a
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10 person who acts as a roofing contractor while his or her
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11 registration or commercial roofer endorsement is not in good
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12 standing or is suspended or revoked without complying with the
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13 required disclosure and option for homeowner to cancel the contract
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14 provisions of subsection I of Section 1151.5 of this title, on first
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15 offense, may be administratively fined and disciplined after notice
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16 and opportunity for hearing before the Roofing Hearing Board. A
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17 person who violates any other provision of the Roofing Contractor
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18 Registration Act, on first offense within a two-year period, may be
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19 administratively fined and disciplined by the Roofing Hearing Board
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20 in its discretion in lieu of referral to the district attorney as a
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21 misdemeanor, or the matter may be referred to the district attorney.
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22 Misdemeanor conviction, guilty plea, or nolo contendere plea due to
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23 alleged violations of the Roofing Contractor Registration Act shall
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24 be grounds for the revocation of the registration and shall cause
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1 the person to be ineligible for registration for a period not to
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2 exceed twelve (12) months after all requirements of the sentence, or
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3 deferment of sentence, and probation have been met, including the
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4 payment of any restitution or rehabilitative treatment.
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5 E. Administrative fines collected pursuant to the Roofing
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6 Contractor Registration Act shall be placed in the Roofing
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7 Contractor Registration Revolving Fund pursuant to Section 1151.20
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8 of this title.
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9 F. It is the duty of the building official or other authority
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10 charged with the duty of issuing roofing permits of any incorporated
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11 municipality or subdivision of the municipality or county to refuse
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12 to issue a roofing permit for any roofing undertaking which would
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13 require a registration pursuant to the Roofing Contractor
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14 Registration Act unless the applicant has furnished evidence that he
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15 or she is either registered as required or is exempt from the
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16 registration requirements of the Roofing Contractor Registration
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17 Act.
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18 G. The Roofing Hearing Board may make application to the
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19 appropriate court for an order enjoining the acts or practices
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20 prohibited by the Roofing Contractor Registration Act, and upon a
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21 showing by the Roofing Hearing Board that the person or firm has
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22 engaged in, or is about to engage in, any of the prohibited acts or
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23 practices, an injunction, restraining order or other order as may be
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24 appropriate shall be granted by the court.
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1 H. No penalty or penalties under this section shall be issued
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2 inconsistent with Section 1000.9 of this title.
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3 SECTION 6. AMENDATORY 59 O.S. 2021, Section 1695, is
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4 amended to read as follows:
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5 Section 1695. A. Any person who violates any of the provisions
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6 of the Electrical License Act or any provision of an ordinance or
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7 regulation enacted by a city or town by authority of the Electrical
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8 License Act, in addition to suffering possible suspension or
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9 revocation of a license or registration, shall, upon conviction, be
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10 guilty of a misdemeanor and shall be punished by a fine of not less
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11 than Two Hundred Dollars ($200.00) nor more than One Thousand
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12 Dollars ($1,000.00), together with the costs of prosecution.
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13 B. In addition to other penalties provided by law, if after a
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14 hearing in accordance with the provisions of Section 1689 of this
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15 title, the Electrical Hearing Board shall find any person to be in
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16 violation of any of the provisions of this act, such person may be
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17 subject to an administrative fine of not more than Five Hundred
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18 Dollars ($500.00) for each violation. Each day a person is in
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19 violation of this act may constitute a separate violation. The
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20 maximum fine will not exceed One Thousand Dollars ($1,000.00). All
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21 administrative fines collected pursuant to the provisions of this
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22 subsection shall be deposited in the Electrical Revolving Fund.
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23 Administrative fines imposed pursuant to this subsection shall be
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24 enforceable in the district courts of this state.
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1 C. The Electrical Hearing Board may make application to the
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2 appropriate court for an order enjoining the acts or practices
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3 prohibited by this act, and upon a showing by the Electrical Hearing
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4 Board that the person has engaged in any of the prohibited acts or
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5 practices, an injunction, restraining order, or other order as may
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6 be appropriate shall be granted by the court.
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7 D. If any electrical facilities as defined in the Electrical
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8 License Act are in violation of the National Electrical Code set
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9 forth in the National Fire Code (Electrical) issued by the National
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10 Fire Protection Association, NFPA number 70, current edition, as
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11 amended, or any ordinance or other regulation of a city or town, the
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12 proper authorities of the state or political subdivision of the
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13 state, in addition to other remedies, may institute appropriate
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14 action or proceedings to prevent any illegal installation or use of
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15 such facilities, to restrain, correct or abate any violation, or to
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16 prevent illegal occupancy of a building or structure.
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17 E. No penalty or penalties under this section shall be issued
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18 inconsistent with Section 1000.9 of this title.
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19 SECTION 7. AMENDATORY 59 O.S. 2021, Section 1850.11, is
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20 amended to read as follows:
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21 Section 1850.11. A. Any person, mechanical contractor,
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22 mechanical journeyman, mechanical apprentice or mechanical firm who
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23 violates any of the provisions of the Mechanical Licensing Act in
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24 addition to suspension or revocation of a license, upon conviction,
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1 shall be guilty of a misdemeanor and punished by a fine of not less
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2 than Two Hundred Dollars ($200.00) nor more than One Thousand
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3 Dollars ($1,000.00), or both such fine and imprisonment together
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4 with the costs of prosecution.
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5 B. In addition to other penalties provided by law, if after a
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6 hearing in accordance with the provisions of Section 1850.14 of this
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7 title, the Mechanical Hearing Board shall find any mechanical
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8 contractor, mechanical journeyman, mechanical apprentice or
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9 mechanical firm to be in violation of any of the provisions of this
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10 act, such person or firm may be subject to an administrative fine of
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11 not more than Five Hundred Dollars ($500.00) for each violation.
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12 Each day a person or firm is in violation of this act may constitute
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13 a separate violation. The maximum fine will not exceed One Thousand
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14 Dollars ($1,000.00). All administrative fines collected pursuant to
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15 the provisions of this subsection shall be deposited in the Oklahoma
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16 Mechanical Licensing Revolving Fund. Administrative fines imposed
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17 pursuant to this subsection shall be enforceable in the district
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18 courts of this state.
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19 C. The Mechanical Hearing Board may make application to the
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20 appropriate court for an order enjoining the acts or practices
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21 prohibited by this act, and upon a showing by the Mechanical Hearing
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22 Board that the person or firm has engaged in any of the prohibited
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23 acts or practices, an injunction, restraining order, or other order
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24 as may be appropriate shall be granted by the court.
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1 D. No penalty or penalties under this section shall be issued
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2 inconsistent with Section 1000.9 of this title.
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3 SECTION 8. This act shall become effective November 1, 2025.
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