34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 516 By: Alvord of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Dempsey of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to professions and occupations; |
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46 | 39 | | amending 59 O.S. 2021, Sections 1151.15 and 1151.18, |
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47 | 40 | | which relate to the Roofing Contractor Registration |
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48 | 41 | | Act; modifying certain duties of registrar upon |
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49 | 42 | | receipt of certain complaints to record date received |
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50 | 43 | | and process certain complaint ; modernizing direct |
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51 | 44 | | access system requirements ; updating statutory |
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52 | 45 | | language; and providing an effective date . |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA: |
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58 | 51 | | SECTION 1. AMENDATORY 59 O.S. 2021, Section 1151.15, is |
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59 | 52 | | amended to read as follows: |
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60 | 53 | | Section 1151.15. A. The Roofing Hearing Board is authorized to |
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61 | 54 | | investigate any written complaint received pursua nt to the Roofing |
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62 | 55 | | Contractor Registration Act, including any person to the extent |
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63 | 56 | | necessary to determine if the person is engaged in violations of the |
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64 | 57 | | provisions of the Roofing Contractor Registration Act, including |
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65 | 58 | | unlawful activity of the practice of con tracting for roofing work |
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66 | 59 | | without a valid registration, whether the matter is prosecuted |
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96 | 88 | | prosecution whether or not the person ceas es the unlawful practice |
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97 | 89 | | of contracting for roofing work without a valid registration. |
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98 | 90 | | B. Service of the notice of violation or citation may be in |
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99 | 91 | | person or by certified mail at the last -known business address or |
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100 | 92 | | residence address of the person cited. |
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101 | 93 | | C. A notice of violation and citation may contain a cease and |
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102 | 94 | | desist order for residential roofing contractor work if the |
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103 | 95 | | homeowner has been provided the required disclosure and has |
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104 | 96 | | exercised the homeowner ’s option to cancel the contract as provided |
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105 | 97 | | in subsection I of Section 1151.5 of this title, or at any time |
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106 | 98 | | during commercial roofing contractor work. |
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107 | 99 | | D. The registrar shall read each complaint received and shall |
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108 | 100 | | enter a notation in the individual roofing contractor ’s record |
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109 | 101 | | showing record the date that the verified complaint was received and |
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110 | 102 | | the nature of process the complaint as provided by law. The |
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111 | 103 | | registrar shall notify the roofing contractor against whom the |
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112 | 104 | | complaint is made, in writing, within five (5) days of the receipt |
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113 | 105 | | of the written complaint. The roofing contractor shall have ten |
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114 | 106 | | (10) days to respond, in writing, to the registrar. If a response |
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115 | 107 | | to the complaint is received by the registrar, whether admitting or |
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116 | 108 | | denying the basis of the complaint, a copy of both the c omplaint and |
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117 | 109 | | the response shall be sent to the district attorney along with the |
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147 | 138 | | If no response is received, the complaint may still be referred to |
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148 | 139 | | the district attorney, along with the results of any investigation |
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149 | 140 | | by the Board. The Board or a Committee of Roofing Examiners member |
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150 | 141 | | is authorized to assist in any investigation of a roofing complaint |
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151 | 142 | | referred to the district at torney, if requested by the district |
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152 | 143 | | attorney. In addition, the registrar shall enter a notation in the |
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153 | 144 | | individual roofing contractor ’s record showing the date that the |
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154 | 145 | | roofing contractor’s response was received, if any, and whether the |
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155 | 146 | | response admitted or denied the basis of the complaint. |
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156 | 147 | | E. Following referral of a complaint to the district attorney, |
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157 | 148 | | if the roofing contractor is adjudicated by the court for an act or |
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158 | 149 | | omission specified in subsection A of Section 1151.14 of this title, |
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159 | 150 | | or upon a conviction for any violation of th e provisions of the |
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160 | 151 | | Roofing Contractor Registration Act, the registrar, when ordered by |
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161 | 152 | | the court, shall suspend, revoke or deny the roofing contractor ’s |
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162 | 153 | | registration for the period of time specified by the court, and if |
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163 | 154 | | the court orders the registration s uspended, revoked or denied, and |
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164 | 155 | | yet fails to set the term of such suspension, revocation or denial, |
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165 | 156 | | the period shall be six (6) months. |
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166 | 157 | | F. The registrar shall not renew, reinstate, or issue a new |
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167 | 158 | | roofing contractor registration to any person subject to a ny term of |
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168 | 159 | | denial, suspension or revocation until such term has been completed, |
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198 | 188 | | G. It shall be unlawful for a person to obtain or at tempt to |
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199 | 189 | | obtain a roofing contractor registration certificate under any other |
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200 | 190 | | name during any period when the roofing contractor ’s registration is |
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201 | 191 | | suspended or revoked. Upon conviction of a violation of this |
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202 | 192 | | subsection, the pers on shall be guilty of a mis demeanor as provided |
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203 | 193 | | in Section 1151.3 of this title. A business firm, partnership, |
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204 | 194 | | association, corporation, limited liability company, or other group |
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205 | 195 | | or combination thereof acting as a unit whose registration |
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206 | 196 | | certificate is suspended or revoked includes all of the members, |
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207 | 197 | | partners, officers, and agents acting under that roofing contractor |
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208 | 198 | | registration certificate when such persons are specified on and did |
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209 | 199 | | sign the application or renewal form. |
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210 | 200 | | SECTION 2. AMENDATORY 59 O.S. 2021, Section 1151.18, is |
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211 | 201 | | amended to read as follows: |
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212 | 202 | | Section 1151.18. Upon request, the registrar shall verify a |
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213 | 203 | | roofing contractor registration number to city, county and state |
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214 | 204 | | enforcement officials and to the public. The registrar shall |
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215 | 205 | | establish through the Internet or other technology a verification |
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216 | 206 | | system or direct access system for confirming roofing contractor |
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217 | 207 | | registration certificates and status of registration maintained by |
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218 | 208 | | the Construction Industries Board. The system shall include the |
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219 | 209 | | notation of each complaint received against an individual roofing |
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249 | 238 | | disposition of a complaint, if known, and any conviction for a |
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250 | 239 | | violation of the provisions of this act. In addition, the system |
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251 | 240 | | may include a notation for any conviction of a criminal violation in |
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252 | 241 | | this state, another state, or the United States when disclosed by a |
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253 | 242 | | criminal history records search on the individual roofing |
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254 | 243 | | contractor. Disclosure of any information through use of the |
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255 | 244 | | roofing contractor registration system or information maintained by |
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256 | 245 | | the registrar shall not be deemed to be an endorsement of any |
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257 | 246 | | roofing contractor or determination of any facts, qualifications , |
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258 | 247 | | information or reputation of any roofing contractor by the |
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259 | 248 | | registrar, the state, the Construction Industries Board, or any of |
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260 | 249 | | their respective agents, officers, employees or assigns. |
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261 | 250 | | SECTION 3. This act shall become effective November 1, 2025. |
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