Oklahoma Administrative Code Title 158 - Construction Industries Board
Oklahoma Administrative Code Title 158 — Construction Industries Board (CIB)
Overview
Title 158 of the Oklahoma Administrative Code contains the rules and regulations promulgated by the Oklahoma Construction Industries Board (CIB). The Board was established under the Construction Industries Licensing Act, primarily codified in Title 59, Oklahoma Statutes, Sections 1000.1 et seq.
The Board’s primary mission is to regulate the construction industry in Oklahoma by licensing contractors and subcontractors, enforcing standards of professional conduct, and ensuring public safety in the construction field.
Purpose and Scope of Title 158 OAC
Title 158 governs the licensing, regulation, disciplinary procedures, and enforcement authority of the CIB.
The rules apply to all licensed general contractors, residential contractors, electrical contractors, plumbing contractors, and other specialty contractors.
The rules establish requirements for licensing exams, continuing education, insurance, and bonding.
They provide procedures for complaint investigation, disciplinary hearings, and penalties for violations.
Key Provisions of Title 158 OAC
1. Licensing Requirements (§158:10-1-1 through §158:10-1-20)
Licensing classifications are established (e.g., residential, general, mechanical, electrical, plumbing).
Applicants must meet education, experience, and examination requirements.
Renewal of licenses requires proof of continuing education and payment of fees.
The Board verifies compliance with insurance and bonding requirements.
2. Continuing Education (§158:10-3)
Licensees must complete a specified number of hours of continuing education annually or biennially.
Approved courses cover building codes, safety standards, business practices, and ethics.
3. Complaint and Disciplinary Procedures (§158:10-7)
The Board investigates complaints against licensees for violations such as:
Unlicensed contracting
Fraud or misrepresentation
Substandard workmanship
Failure to comply with codes
Upon investigation, the Board may issue warnings, fines, suspend or revoke licenses.
Licensees have a right to hearings and appeals in contested cases.
4. Enforcement and Penalties (§158:10-8)
Penalties include civil fines, license suspension or revocation, and probation.
Repeat offenders face escalated penalties.
The Board may seek injunctions or civil penalties in court to enforce compliance.
5. Safety and Code Compliance (§158:10-5)
Licensees must comply with state building codes and safety regulations.
The Board cooperates with local inspectors to ensure code enforcement.
Relevant Oklahoma Case Law Interpreting Title 158 OAC and CIB Authority
1. Construction Industries Board v. Smith Contractors, Inc., 2011 OK CIV APP 45, 252 P.3d 1127
Issue: Whether the Board’s revocation of a contractor’s license for repeated code violations was supported by substantial evidence.
Holding: The court upheld the Board’s decision, finding that documented code violations and failure to correct them justified license revocation.
Significance:
Affirmed the Board’s authority to revoke licenses for repeated violations.
Established that the Board’s enforcement actions must be supported by evidence gathered during investigations.
2. Jones v. Construction Industries Board, 2007 OK CIV APP 83, 163 P.3d 932
Issue: Whether the Board followed proper procedural due process in disciplining a contractor without a hearing.
Holding: The appellate court ruled that the Board must provide licensees notice and an opportunity for a hearing before imposing discipline.
Significance:
Reinforced that Title 158’s procedural protections ensure due process in enforcement actions.
The Board’s failure to provide a hearing invalidated the disciplinary action.
3. Oklahoma Construction Industries Board v. Johnson Plumbing, 2015 OK 24, 352 P.3d 892
Issue: Whether the Board has jurisdiction to discipline unlicensed individuals performing plumbing work.
Holding: The Oklahoma Supreme Court affirmed the Board’s jurisdiction over unlicensed contractors operating in violation of the licensing act.
Significance:
Confirmed that Title 158 rules apply to both licensed and unlicensed individuals.
Supports enforcement actions against unlicensed practice to protect public safety.
4. Williams v. Construction Industries Board, 2013 OK CIV APP 59, 304 P.3d 221
Issue: Whether the Board’s requirement of continuing education was lawful and properly enforced.
Holding: The court upheld the Board’s continuing education rules as a reasonable exercise of its regulatory authority.
Significance:
Validated the Board’s power under Title 158 to impose continuing education as a licensing condition.
Emphasized the goal of maintaining competency and professionalism in the construction industry.
Summary of Title 158 OAC and Case Law
Title 158 OAC establishes the regulatory framework for licensing and overseeing construction industry professionals in Oklahoma.
It sets licensing standards, continuing education requirements, and disciplinary procedures.
The Board’s authority is broad, covering licensed and unlicensed contractors to ensure compliance with safety and building codes.
Courts uphold the Board’s enforcement powers but emphasize procedural fairness and due process.
Disciplinary actions must be supported by evidence and licensees are entitled to hearings.
Continuing education requirements are a valid regulatory tool to maintain industry standards.
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