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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 59. PROFESSIONS AND OCCUPATIONS

  § 59-1010. Plumbing Hearing Board - Investigations and hearings - Suspensions - Jurisdiction of political subdivisions.  

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  • A.  The designee of the Construction Industries Board, as chair, and the members of the Oklahoma State Committee of Plumbing Examiners shall constitute a Plumbing Hearing Board, which may on its own motion make investigations and conduct hearings.  The Plumbing Hearing Board may, on its own motion or upon complaint in writing duly signed and verified by the complainant, and upon not less than ten (10) days' notice to the licensee, suspend any license or registration issued under The Plumbing License Law of 1955, and may revoke such license or registration in the manner hereinafter provided, if by clear and convincing evidence it finds that the holder of the license has:

    1.  Made a material misstatement in the application for license or renewal thereof;

    2.  Loaned or illegally used the license;

    3.  Demonstrated incompetency to act as a journeyman plumber or plumbing contractor, as the case may be;

    4.  Violated any provision of The Plumbing License Law of 1955, or any rule or order prescribed by the Construction Industries Board, or any ordinance or regulation for the installation of plumbing made or enacted by a city, town, or sewer Board by authority of The Plumbing License Law of 1955; or

    5.  Willfully and unreasonably failed to perform his or her normal business obligations without justifiable cause.

    B.  A copy of the complaint with notice of the suspension of license, if ordered by the Plumbing Hearing Board, shall be served on the person complained against, and the answer thereto shall be filed in the time allowed for the filing of answers in legal proceedings by the statutes of this state.

    C.  Any administrative hearing on suspensions, revocations or fines shall be conducted by a hearing examiner appointed by the Construction Industries Board.  The hearing examiner’s decision shall be a final decision which may be appealed to a district court in accordance with the Administrative Procedures Act.

    D.  No order revoking a license shall be made until after a public hearing, held in accordance with the provisions of Article II of the Administrative Procedures Act, by the Plumbing Hearing Board which shall not be less than thirty (30) days and not more than sixty (60) days after the date of notice of suspension.  The hearing shall be held at the place designated by the Plumbing Hearing Board.  The person complained against shall have the right to be represented by counsel and to introduce any evidence in defense.  The conduct of the hearing shall be in accordance with recognized rules of legal procedure and any member of the Plumbing Hearing Board or a representative designated by the Plumbing Hearing Board shall have authority to administer oaths and take testimony.

    E.  Any person whose license or registration has been revoked may, after the expiration of one (1) year from the date of such revocation, but not before, apply for a new license.

    F.  Notwithstanding any other provision of law, a political subdivision of this state that has adopted a nationally recognized plumbing code and appointed an inspector pursuant to Section 1016 of this title or pursuant to the Oklahoma Inspectors Act for such work shall have jurisdiction over the interpretation of the code and the installation of all plumbing work done in that political subdivision, subject to the provisions of the Oklahoma Inspectors Act.  Provided, a state inspector may work directly with a plumbing contractor or journeyman plumber in such a locality if a violation of the code creates an immediate threat to life or health.

    G.  In the case of a complaint about, investigation of, or inspection of any license, registration, permit or plumbing in any political subdivision of this state which has not adopted a nationally recognized plumbing code and appointed an inspector pursuant to Section 1016 of this title or pursuant to the Oklahoma Inspectors Act for such work, the Construction Industries Board shall have jurisdiction over such matters.

    H.  1.  No individual, business, company, corporation, limited liability company, association or other entity subject to the provisions of Section 1001 et seq. of this title shall install, modify or alter plumbing in any incorporated area of this state which has not adopted a nationally recognized plumbing code and appointed an inspector pursuant to Section 1016 of this title or pursuant to the Oklahoma Inspectors Act for such work without providing notice of such plumbing to the Construction Industries Board.  A notice form for reproduction by an individual or entity required to make such notice shall be provided by the Construction Industries Board upon request.

    2.  Notice to the Construction Industries Board pursuant to this subsection shall not be required for plumbing maintenance or replacement of an existing plumbing device or fixture, unless such device is gas fired, or of any petroleum refinery or its research facilities.

    3.  Enforcement of this subsection is authorized pursuant to The Plumbing License Law of 1955, or under authority granted to the Construction Industries Board.

Added by Laws 1955, p. 369, § 10.  Amended by Laws 1993, c. 251, § 1, eff. Sept. 1, 1993; Laws 1997, c. 353, § 1, eff. Nov. 1, 1997; Laws 2001, c. 394, § 18, eff. Jan. 1, 2002; Laws 2008, c. 4, § 4, eff. Nov. 1, 2008.