Ohio Admin. Code 1301:3-6-05 - Complaints; denials, suspensions, and revocations of certificates of competency
(A) Any person who wishes to make a complaint
alleging that a violation of Chapter 4105. of the Revised Code or rules adopted
thereunder has occurred shall submit the complaint in writing to the elevator
section within twelve months after the date of the action or event upon which
the complaint is based. The elevator section shall investigate any alleged
violation of Chapter 4105. of the Revised Code or rules adopted thereunder. If,
after an investigation, the elevator section determines that any person has
engaged or is engaging in any practice that violates Chapter 4105. of the
Revised Code or rules adopted thereunder, that section may apply to the court
of common pleas of the county in which the violation occurred or is occurring
for an injunction or other appropriate relief to enjoin or terminate the
violation.
(B) The superintendent
may direct the elevator section to deny, revoke, or suspend the issuance or
renewal of a certificate of competency if the section finds that the applicant
for or holder of a certificate of competency has done any of the following:
(1) Been convicted of,
a felony;
found guilty pursuant to a judicial finding of, or
pleaded guilty to a disqualifying offense as defined in rule
1301:3-6-01 of the
Ohio Administrative Code;
(2)
Violated any provision of Chapter 4105. of the Revised Code or rules adopted
pursuant thereto;
(3) Obtained a
license by fraud, misrepresentation, or deception; or
(4) Engaged in fraud, misrepresentation,
deception, malfeasance, misfeasance, or nonfeasance in the conduct of
business.
(C) Upon a
reasonable cause shown, the superintendent may direct the elevator section to
impose one or both of the following:
(1)
Suspend or revoke an inspector's certificate of competency for a specified
period of time that the elevator section establishes.
(2) Require a holder of a certificate of
competency to complete additional continuing education course work within a
specified time period.
(D) Any person whose certificate of
competency or certificate of competency application has been revoked,
suspended, denied, or not renewed may request an adjudication hearing on the
matter. The request for an adjudication hearing must be received by the
division within thirty days from the date the notice of the action was mailed.
The hearing shall be held in accordance with Chapter 119. of the Revised Code.
A licensee or applicant adversely affected by an adjudication order issued
pursuant to this rule shall have a right to appeal pursuant to section
119.12
of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4105.12
Rule Amplifies: 4105.05, 4105.11
Prior Effective Dates: 10/13/2005, 04/11/2015, 07/02/2021
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