Oklahoma Administrative Code Title 318 - Highway Construction Materials Technician Certification Board
Oklahoma Administrative Code (OAC) Title 318
Highway Construction Materials Technician Certification Board
Overview
Title 318 establishes and governs the Highway Construction Materials Technician Certification Board (HCMT Board) in Oklahoma. This board is responsible for the certification, oversight, and discipline of technicians who perform testing and inspection of highway construction materials such as asphalt, concrete, soil, and aggregates. Certification ensures the quality and safety of highway construction projects.
The Code outlines the Board’s structure, certification requirements, examination procedures, renewal, discipline, and appeals.
Key Provisions of Title 318
1. Board Composition and Authority
The Board consists of appointed members with expertise in highway construction materials testing.
The Board has authority to certify technicians, adopt rules, conduct hearings, and impose sanctions for violations of certification requirements.
2. Certification Requirements
Applicants must meet education and experience criteria.
Applicants must pass an approved examination administered or recognized by the Board.
Certifications are granted for specific disciplines (e.g., asphalt testing, concrete testing).
3. Certification Renewal
Certificates are valid for a defined period (typically two years).
Renewal requires continuing education and payment of fees.
Failure to renew can result in suspension or revocation.
4. Disciplinary Actions
The Board can suspend, revoke, or refuse to issue certification for cause.
Causes include fraud, incompetence, negligence, violation of rules, or unethical conduct.
The Board must provide notice and an opportunity for a hearing before disciplinary action.
5. Hearing and Appeals
The Board conducts formal hearings consistent with administrative procedure.
Certified technicians can appeal adverse decisions.
Appeals generally follow administrative law procedures within Oklahoma.
Detailed Explanation of Selected Provisions
Certification Process
Application: Requires detailed documentation of work experience and education related to highway materials testing.
Examinations: The Board prescribes the content, administration, and scoring of exams.
Issuance: Upon passing, certification is issued for a specific discipline and must be visibly renewed.
Renewal and Continuing Education
Renewal requires proof of continuing education credits.
The Board specifies acceptable continuing education activities (seminars, workshops).
Renewal fees fund Board operations.
Disciplinary Procedures
When allegations arise, the Board investigates and may hold hearings.
The respondent technician has the right to legal counsel and to present evidence.
The Board’s decisions must be supported by substantial evidence in the record.
Oklahoma Case Law Interpreting Title 318
Case law specific to Title 318 is limited, but there are some relevant Oklahoma decisions involving administrative boards that provide guidance on due process, certification, and discipline procedures:
Smith v. Oklahoma Highway Construction Materials Technician Certification Board (Fictional name for illustrative purposes)
Facts: A technician challenged the Board’s revocation of his certification for alleged negligence in testing procedures.
Holding: The Oklahoma court upheld the Board’s decision, finding that the Board complied with procedural requirements including notice and hearing.
Key Point: Courts defer to the Board’s expertise in technical matters but require that the Board follow its own procedural rules strictly.
Significance: Reinforces that administrative boards like the HCMT Board have broad authority but must provide fair process.
Jones v. Oklahoma Certification Board (Hypothetical)
Facts: Applicant denied certification claimed the exam was unfair.
Holding: The court found no evidence of arbitrary or capricious conduct by the Board and affirmed certification denial.
Key Point: Certification boards have discretion in exam standards and passing criteria, but their decisions must be reasonable and supported by evidence.
Practical Implications
For Technicians: Strict adherence to certification and renewal requirements is essential to maintain the ability to work on highway construction projects.
For Employers: Hiring certified technicians ensures compliance with Oklahoma regulations and project quality standards.
For the Board: Maintaining transparent procedures and consistent enforcement safeguards public trust and infrastructure safety.
Summary
Title 318 creates a regulatory framework ensuring qualified technicians test highway construction materials.
The Board’s certification process includes application, examination, issuance, renewal, and discipline.
The Board holds hearings and enforces rules to maintain standards.
Oklahoma courts generally uphold the Board’s authority but emphasize procedural fairness.
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