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ENGROSSED HOUSE
BILL NO. 3736 By: Dempsey of the House
and
Alvord of the Senate
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section s 1151.15 and 1151.18,
which relate to the Roofing Contractor Registration
Act; removing duty of registrar to notate response of
contractor; modifying duty of registrar to confirm
contractor registration cer tificates; removing system
requirements; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1151.15, is
amended to read as follows:
Section 1151.15 A. The Board is authorized to investigate any
written complaint received pursuant to t he Roofing Contractor
Registration Act, including any person to the extent necessary to
determine if the person is engaged in violations of the provisions
of the Roofing Contrac tor Registration Act, including unlawful
activity of the practice of contractin g for roofing work without a
valid registration, whether the matter is prosecuted
administratively through the Roofing Hearin g Board or referred for
criminal prosecution. The B oard may refer the matter for
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prosecution whether or not the person ceases the unlawful practice
of contracting for roofing work without a valid registration.
B. Service of the notice of violation or cit ation may be in
person or by certified mail at the l ast-known business address or
residence address of the person cited.
C. A notice of violation and citation may contain a cease and
desist order for residential roofing contractor work if the
homeowner has been provided the required disclosure and has
exercised the homeowner's option to cancel the contract as provided
in subsection I of Section 1151.5 of this title, or at any time
during commercial roofing contractor work.
D. The registrar shall read each complaint received and shall
enter a notation in th e individual roofing contractor 's record
showing record the date that the verif ied complaint was received and
the nature of process the complaint as provided by law. The
registrar shall notify the roofing contractor against whom the
complaint is made, in writing, within five (5) days of the receipt
of the written complaint. The roo fing contractor shall have ten
(10) days to respond, in writing, to the registrar. If a response
to the complaint is received by the registrar, whether admitt ing or
denying the basis of the complaint, a copy of both the complaint and
the response shall be sent to the district attorney along with the
results of any investigati on by the Board, if the Board does not
retain the matter and refers the complaint to th e district attorney.
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If no response is received, the complaint may still be referred to
the district attorney, along with the results of any investigation
by the Board. The Board or a Committee member is authorized to
assist in any investigation of a roo fing complaint referred to the
district attorney, if requested by the district attorney. In
addition, the registrar shall enter a notation in the individual
roofing contractor's record showing the date that the roofing
contractor's response was received, if any, and whether the response
admitted or denied the basis of the complaint.
E. Following referral of a complaint to the district attorney,
if the roofing contractor is adjudicated by the court for an act or
omission specified in subsection A of Sectio n 1151.14 of this title,
or upon a conviction for any violation of the provisions of the
Roofing Contractor Registration Act, the registrar, when ordered by
the court, shall suspend, revoke or deny the roofing contractor 's
registration for the period of ti me specified by the court, and if
the court orders the registration suspended, revoked or denied, and
yet fails to set the term of such suspension, revocation or denial,
the period shall be six (6) months.
F. The registrar shall not renew, reinstate, or i ssue a new
roofing contractor registration to any person subject to any term of
denial, suspension or revocation until such term has been completed,
and thereafter, the person makes application and pays required fees
pursuant to Sections 1151.8 and 1151.12 of this title.
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G. It shall be unlawful for a person to obtain or attempt to
obtain a roofing contractor registration certificate under any other
name during any period when the roofing contractor 's registration is
suspended or revoked. Upon conviction o f a violation of this
subsection, the person shall be guilty of a misdemeanor as provided
in Section 1151.3 of this title. A business firm, partnership,
association, corporation, limited liability company, or other group
or combination thereof acting as a unit whose registration
certificate is suspended or revoked includes all of the members,
partners, officers, and agents acting under that roofing contractor
registration certificate when such persons are specified on and did
sign the application or renewa l form.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1151.18, is
amended to read as follows:
Section 1151.18 Upon request, the registrar shall verify a
roofing contractor registration number to city, county and state
enforcement officials and to th e public. The registrar shall
establish through the Internet or other technolo gy a verification
system or direct access system for confirming roofing contractor
registration certificates and status of registration maintained by
the Construction Industries Board. The system shall include the
notation of each complaint received again st an individual roofing
contractor, his or her response to each complaint by noting whether
the roofing contractor admits or denies the allegation, any court
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disposition of a complaint, if known, and any conviction for a
violation of the provisions of thi s act. In addition, the system
may include a notation for any conviction of a criminal violation in
this state, another state, or the United States when disclosed by a
criminal history records search on the individual roofing
contractor. Disclosure of any information through use of the
roofing contractor registration system or information maintained by
the registrar shall not be deemed to be an endorsement of any
roofing contractor or determination of any facts, qualifications,
information or reputation o f any roofing contractor by the
registrar, the state, the Construction Industries Board, or any of
their respective agents, officers, employees or assigns.
SECTION 3. This act shall become effective November 1, 2024.
Passed the House of Representatives the 12th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate