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An Act
ENROLLED HOUSE
BILL NO. 1216 By: West (Kevin) of the House
and
Alvord of the Senate
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 1000.4, as amended by
Section 2, Chapter 185, O.S.L. 2023 (59 O.S. Supp.
2024, Section 1000.4), which relates to the
Construction Industries Board; adding terms; adding
penalty fees; modifying provisions to collect unpaid
fines; and providing an effective date.
SUBJECT: Professions and occupations
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1000.4, as
amended by Section 2, Chapter 185, O.S.L. 2023 (59 O.S. Supp. 2024,
Section 1000.4), is amended to read as follows:
Section 1000.4. 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.
ENR. H. B. NO. 1216 Page 2
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;
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
ENR. H. B. NO. 1216 Page 3
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;
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.
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
ENR. H. B. NO. 1216 Page 4
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
of Oklahoma County. The district court, upon conclusion of an
appeal from a Board ruling, shall be authorized to award reasonable
legal fees to the prevailing party.
SECTION 2. This act shall become effective November 1, 2025.
ENR. H. B. NO. 1216 Page 5
Passed the House of Representatives the 4th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________