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