Ohio Admin. Code 4781-8-03 - Denial, revocation, suspension of licenses
(A) The commission
division
may deny, suspend, revoke, or refuse to renew the
license of any manufactured home installer for any of the following reasons:
(14)
(13) Fail to supervise an installation of an
unlicensed person who is performing work on behalf of the licensee.
(1) Failure to meet the requirements for a
license or renewal of a license under section
4781.08
of the Revised Code;
(2) Failure to
meet the continuing education requirements for renewal
for
of a
license under section
4781.10
of the Revised Code;
(3) Violation
of Chapter 4781. of the Revised Code or the rules promulgated
thereunder;
(4) Misrepresent the
applicant's qualifications or makes any misrepresentation in an application for
a license or renewal of a license;
(5) Installing manufactured homes in Ohio
without an active license or without being under the supervision of a licensed
manufactured housing installer;
(6)
Fail to cooperate in an investigation or fail to comply with any final
adjudication order of the commission
division issued pursuant to this chapter;
(7)
Conviction of
a felony or a crime involving moral turpitude;
Been convicted of a crime of moral turpitude or a
disqualifying offense as those terms are defined in section
4776.10
of the Revised Code. Disqualifying offenses must bear a direct nexus to the
employment sought, as determined by the division or the division's designee.
Disqualifying offenses include:
(a)
Forgery (section
2913.31
of the Revised Code);
(b)
Trademark counterfeiting (section
2913.34
of the Revised Code);
(c)
Fraud (section
2913.40,
2913.42,
2913.45,
2913.47,
2913.48,
or
2913.49 of the
Revised Code);
(d)
Receiving stolen property (section
2913.51
of the Revised Code);
(e)
Bribery (section
2921.02 of the Revised
Code);
(f)
Theft in office (section
2921.41 of the
Revised Code);
(g)
Having an unlawful interest in a public contract
(section
2921.42
of the Revised Code);
(h)
Soliciting or accepting improper compensation (section
2921.43
of the Revised Code);
(i)
Engaging in a pattern of corrupt activity (section
2923.32
of the Revised Code);
(j)
Money laundering (division (A) of section
1315.55
of the Revised Code); or
(k)
Criminal negligence (section
2901.21
of the Revised Code).
(8) Having had a license revoked, suspended, or denied under paragraphs (A)(2) to (A)(13) of this rule, by
the commission
division during the preceding two years;
(9) Having had
a license revoked, suspended, or denied by another state or jurisdiction within
the preceding two years;
(10)
Engage in conduct in another state or jurisdiction that would violate Chapter
4781. of the Revised Code if committed in this state;
(11) Fail to provide written notification of
installation to a county treasurer or auditor in violation of division (D) of
section
4781.11
of the Revised Code;
(12) Violation
of the code of ethics for manufactured home installers; or
(13) Violations of OMHC rules;
or
(B) In addition to or in
lieu of suspending, revoking, or refusing to renew a manufactured home
installer's license for violation of Chapter 4781. of the Revised Code or any
rule adopted pursuant thereto
thereunder , the commission
division
may impose a fine not exceeding one thousand dollars per violation per
day.
(C) Any person whose license
or license application has been revoked, suspended, denied,
or not renewed
under this rule, or
upon whom a civil penalty is imposed under this rule may request an
adjudication hearing on the matter . The request
for an adjudication hearing must be received by the commission
division
within thirty days from the date of the
notice
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.
(D)
Reapplication after revocation, denial, or suspension.
(1) Any person whose license has been revoked
or denied may apply for a new license two
years after the date on which the license was revoked
or denied.
(2) Any person whose license has been
suspended for a period determined by the commission
division
may apply for renewal of the license within thirty days of the end of the
suspension period.
(3)
Any person whose license has been denied under
paragraphs (A)(2) to (A)(13) of this rule may apply for a license two years
after the date on which the license was denied.
(E) Upon revocation, or non-renewal, the person shall return the
license certificate and identification card to the commission
division
within three days after receipt of the notice of suspension, revocation or non-renewal.
Notes
Promulgated Under: 119.03
Statutory Authority: 4781.04, 4781.14
Rule Amplifies: 4781.04, 4781.08, 4781.09, 4781.121, 4781.14
Prior Effective Dates: 11/01/2006, 01/01/2010, 12/01/2012
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