1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3736 By: Dempsey
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6 AS INTRODUCED
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7 An Act relating to professions and occupations;
7 amending 59 O.S. 2021, Sections 1151.15 and 1151.18,
8 which relate to the Roofing Contractor Registration
8 Act; removing duty of registrar to notate response of
9 contractor; modifying duty of registrar to confirm
9 contractor registration certificates; removing system
10 requirements; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1151.15, is
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15 amended to read as follows:
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16 Section 1151.15 A. The Board is authorized to investigate any
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17 written complaint received pursuant to the Roofing Contractor
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18 Registration Act, including any person to the extent necessary to
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19 determine if the person is engaged in violations of the provisions
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20 of the Roofing Contractor Registration Act, including unlawful
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21 activity of the practice of contracting for roofing work without a
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22 valid registration, whether the matter is prosecuted
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23 administratively through the Roofing Hearing Board or referred for
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24 criminal prosecution. The Board may refer the matter for
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 1 prosecution whether or not the person ceases the unlawful practice
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2 of contracting for roofing work without a valid registration.
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3 B. Service of the notice of violation or citation may be in
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4 person or by certified mail at the last-known business address or
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5 residence address of the person cited.
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6 C. A notice of violation and citation may contain a cease and
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7 desist order for residential roofing contractor work if the
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8 homeowner has been provided the required disclosure and has
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9 exercised the homeowner's option to cancel the contract as provided
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10 in subsection I of Section 1151.5 of this title, or at any time
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11 during commercial roofing contractor work.
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12 D. The registrar shall read each complaint received and shall
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13 enter a notation in the individual roofing contractor's record
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14 showing record the date that the verified complaint was received and
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15 the nature of process the complaint as provided by law. The
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16 registrar shall notify the roofing contractor against whom the
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17 complaint is made, in writing, within five (5) days of the receipt
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18 of the written complaint. The roofing contractor shall have ten
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19 (10) days to respond, in writing, to the registrar. If a response
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20 to the complaint is received by the registrar, whether admitting or
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21 denying the basis of the complaint, a copy of both the complaint and
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22 the response shall be sent to the district attorney along with the
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23 results of any investigation by the Board, if the Board does not
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24 retain the matter and refers the complaint to the district attorney.
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 1 If no response is received, the complaint may still be referred to
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2 the district attorney, along with the results of any investigation
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3 by the Board. The Board or a Committee member is authorized to
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4 assist in any investigation of a roofing complaint referred to the
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5 district attorney, if requested by the district attorney. In
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6 addition, the registrar shall enter a notation in the individual
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7 roofing contractor's record showing the date that the roofing
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8 contractor's response was received, if any, and whether the response
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9 admitted or denied the basis of the complaint.
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10 E. Following referral of a complaint to the district attorney,
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11 if the roofing contractor is adjudicated by the court for an act or
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12 omission specified in subsection A of Section 1151.14 of this title,
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13 or upon a conviction for any violation of the provisions of the
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14 Roofing Contractor Registration Act, the registrar, when ordered by
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15 the court, shall suspend, revoke or deny the roofing contractor's
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16 registration for the period of time specified by the court, and if
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17 the court orders the registration suspended, revoked or denied, and
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18 yet fails to set the term of such suspension, revocation or denial,
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19 the period shall be six (6) months.
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20 F. The registrar shall not renew, reinstate, or issue a new
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21 roofing contractor registration to any person subject to any term of
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22 denial, suspension or revocation until such term has been completed,
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23 and thereafter, the person makes application and pays required fees
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24 pursuant to Sections 1151.8 and 1151.12 of this title.
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 1 G. It shall be unlawful for a person to obtain or attempt to
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2 obtain a roofing contractor registration certificate under any other
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3 name during any period when the roofing contractor's registration is
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4 suspended or revoked. Upon conviction of a violation of this
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5 subsection, the person shall be guilty of a misdemeanor as provided
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6 in Section 1151.3 of this title. A business firm, partnership,
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7 association, corporation, limited liability company, or other group
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8 or combination thereof acting as a unit whose registration
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9 certificate is suspended or revoked includes all of the members,
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10 partners, officers, and agents acting under that roofing contractor
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11 registration certificate when such persons are specified on and did
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12 sign the application or renewal form.
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13 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1151.18, is
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14 amended to read as follows:
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15 Section 1151.18 Upon request, the registrar shall verify a
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16 roofing contractor registration number to city, county and state
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17 enforcement officials and to the public. The registrar shall
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18 establish through the Internet or other technology a verification
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19 system or direct access system for confirming roofing contractor
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20 registration certificates and status of registration maintained by
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21 the Construction Industries Board. The system shall include the
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22 notation of each complaint received against an individual roofing
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23 contractor, his or her response to each complaint by noting whether
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24 the roofing contractor admits or denies the allegation, any court
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 1 disposition of a complaint, if known, and any conviction for a
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2 violation of the provisions of this act. In addition, the system
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3 may include a notation for any conviction of a criminal violation in
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4 this state, another state, or the United States when disclosed by a
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5 criminal history records search on the individual roofing
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6 contractor. Disclosure of any information through use of the
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7 roofing contractor registration system or information maintained by
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8 the registrar shall not be deemed to be an endorsement of any
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9 roofing contractor or determination of any facts, qualifications,
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10 information or reputation of any roofing contractor by the
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11 registrar, the state, the Construction Industries Board, or any of
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12 their respective agents, officers, employees or assigns.
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13 SECTION 3. This act shall become effective November 1, 2024.
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15 59-2-9517 LRB 01/10/24
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