SECTION 158:85-2-8. Roofing contractor registration and commercial endorsement by reciprocity

(a)   General procedures for application. Any person holding a valid commercial roofing contractor license or registration issued by another state who is seeking to obtain a registration and endorsement by reciprocity shall first submit an application to the Construction Industries Board on a form provided by the Board. The application shall include all documentation necessary to show the applicant meets the requirements under Oklahoma law to receive a roofing contractor registration and commercial endorsement, if any. All applications shall first be directed to the Committee or its designee for an initial review to determine if the applicant meets the qualifications for a registration endorsement by reciprocity as set forth in these rules and in 59 O.S. § 1000.5A. Following this review, the Committee or its designee shall make a recommendation to the Board or its designee as to whether the application should be approved or disapproved. The Board or its designee shall make the final determination as to whether an application shall be approved or disapproved. If an application is disapproved by the Board or its designee, the application shall be returned to the applicant with the reason for the disapproval.

(b)   Application fees. Before an application will be considered, a person applying for a roofing contractor registration commercial endorsement by reciprocity must pay a registration fee if not already registered, and an application and endorsement fee as listed in OAC 158:85-2-5. The registration and application fees shall not be refundable under any circumstances.

(c)   Requirements for issuance of a registration endorsement by reciprocity. An application for a registration endorsement by reciprocity requires the following:

(1)   That the requirements for registration endorsement from the state in which the applicant is registered or licensed is determined to be substantially the same or equivalent to the requirements for obtaining a registration endorsement by examination in this state. In making this determination, the following shall be considered:

(A)   Whether the experience required by the other state to be eligible to sit for the registration endorsement examination is substantially the same or equivalent to the Board's requirements;

(B)   Whether the experience in commercial work required by the other state is substantially the same or equivalent to the Board's requirements;

(C)   Whether the continuing education requirements of the other state are substantially the same or equivalent to the Board's requirements;

(D)   Whether the codes adopted by the other state are substantially the same or equivalent to the Board's requirements;

(E)   Whether the examination of the other state is substantially the same or equivalent to the Board's requirements. This shall include the score required to pass the examination, the subject matter of the examination, the codes on which the examination is based, and whether the examination is in written form; and

(F)   Whether the above-listed factors are set forth and determined to be substantially the same or equivalent in a written reciprocity agreement between the states.

(2)   That the other state will recognize a registration endorsement issued by the State of Oklahoma through the Construction Industries Board. Paragraphs 1 and 2 of this rule may only be satisfied by the existence of a written reciprocity agreement between the Board and the state issuing the applicant's current registration or license as provided in subsection (d) of this Section.

(3)   That the applicant is currently registered or licensed by a state that meets the requirements of (c)(1) of this Section and that one year immediately prior to the application, the applicant lawfully practiced an applicable trade within and under the laws of that state.

(4)   That no disciplinary matters are pending against the applicant in any jurisdiction in which the applicant is currently registered or licensed. This requirement will be considered satisfied upon presentation of a certified statement from the licensing authorities of all jurisdictions in which the applicant is currently registered or licensed that no disciplinary matters are pending against applicant.

(5)   That the applicant obtained the registration or license to be reciprocated by examination.

(d)   Reciprocity agreements. The Board may enter into a reciprocity agreement with another state if the requirements for licensure in the other state are deemed by the Board to be substantially the same or equivalent to the requirements for obtaining an original registration endorsement by examination in this state.

(e)   Reciprocal discipline. Disciplinary action taken against the reciprocal license or registration or endorsement is grounds for disciplinary action against the registration issued pursuant to the Roofing Contractor Registration Act.

[Source: Added at 32 Ok Reg 436, eff 12-17-14 (emergency); Added at 32 Ok Reg 1657, eff 9-11-15]