A. The Construction Industries Board or its designee and the Committee of Electrical Examiners shall act as the Electrical Hearing Board and shall comply with the provisions of Article II of the Administrative Procedures Act, Section 308a et seq. of Title 75 of the Oklahoma Statutes.
B. Any administrative hearing on suspensions, revocations or fines shall be conducted by a hearing examiner appointed by the 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.
C. The Electrical Hearing Board may, upon its own motion, and shall, upon written complaint filed by any person, investigate the business transactions of any electrical contractor, journeyman electrician, electrical apprentice, student electrical intern or poultry house contractor license. Upon a finding by clear and convincing evidence, the Board shall suspend or revoke any license or registration obtained by false or fraudulent representation. Upon a finding by clear and convincing evidence, the Board shall also suspend or revoke any license or registration for any of the following:
1. Making a material misstatement in the application for a license or registration, or the renewal of a license or registration;
2. Loaning or illegally using a license;
3. Demonstrating incompetence to act as a journeyman electrician or electrical contractor;
4. Violating any provisions of the Electrical License Act, or any rule or order prescribed by the Board or any ordinance for the installation of electrical facilities made or enacted by a city or town by authority of the Electrical License Act;
5. Willfully failing to perform normal business obligations without justifiable cause; or
6. Failing to maintain a registration or license as required by law in another state while registered in this state as a nonresident contractor.
D. Any person whose license or registration has been revoked by the Electrical Hearing Board may apply for a new license one (1) year from the date of such revocation.
E. Notwithstanding any other provision of law, a political subdivision of this state that has adopted a nationally recognized electrical code and appointed an inspector pursuant to the provisions of Section 1693 of this title or pursuant to the provisions of the Oklahoma Inspectors Act for such work shall have jurisdiction over the interpretation of the code and the installation of all electrical work done in that political subdivision, subject to the provisions of the Oklahoma Inspectors Act. Provided, a state inspector may work directly with an electrical contractor, journeyman electrician, electrical apprentice or student electrical intern in such a locality if a violation of the code creates an immediate threat to life or health.
F. In the case of a complaint about, investigation of or inspection of any license, registration, permit or electrical work in any political subdivision of this state which has not adopted a nationally recognized electrical code and appointed an inspector pursuant to the provisions of Section 1693 of this title or pursuant to the provisions of the Oklahoma Inspectors Act for such work, the Construction Industries Board shall have jurisdiction over such matters.
G. 1. No individual, business, company, corporation, association or other entity subject to the provisions of the Electrical License Act shall install, modify or alter electrical facilities in any incorporated area of this state which has not adopted a nationally recognized electrical code and appointed an inspector pursuant to the provisions of Section 1693 of this title or pursuant to the provisions of the Oklahoma Inspectors Act for such work without providing notice of such electrical work 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 electrical maintenance or replacement of existing electrical appliances or fixtures or of any petroleum refinery or its research facilities.
3. Enforcement of this subsection is authorized pursuant to the Electrical License Act, or under authority granted to the Construction Industries Board.
Added by Laws 1982, c. 337, § 10. Amended by Laws 1993, c. 251, § 2, eff. Sept. 1, 1993; Laws 1994, c. 155, § 6, eff. July 1, 1994; Laws 1994, c. 293, § 6, eff. July 1, 1994; Laws 1997, c. 353, § 4, eff. Nov. 1, 1997; Laws 2001, c. 394, § 46, eff. Jan. 1, 2002; Laws 2008, c. 4, § 10, eff. Nov. 1, 2008; Laws 2015, c. 313, § 23, eff. July 1, 2015; Laws 2021, c. 175, § 4, eff. Nov. 1, 2021.