§ 19-864.3 — Creation - Board - Duties - Review of Decisions -

Oklahoma § 19-864.3

• Jurisdiction: Oklahoma
• Title 19: Counties And County Officers

Text

Expenses of operation. Joint city-county electrical examining and appeals board: a. The board of county commissioners and the governing body of any city having a population of one hundred eighty thousand (180,000), or more, according to the last preceding Federal Decennial Census or any future Federal Census, may, by an agreement in writing, create a joint city-county electrical examining and appeals board. The agreement may contain such provisions for the creation and manner of dissolution of the board and such other matters as may be agreed upon, and shall provide for the appropriations to be made by the city and county for the operation of the board. Where used herein, the term board shall have reference to the joint city-county electrical examining and appeals board unless otherwise specifically noted. The board shall be composed of seven (7) members. Two members shall be required to be holders of certificates of competency as Class A electrical contractors. Two members shall be holders of certificates of competency as Class A journeyman electricians. The board of county commissioners shall appoint one person certified as Class A electrical contractor and one person certified as a Class A journeyman electrician. The governing body of the city shall appoint one person certified as a Class A electrical contractor and one person certified as a Class A journeyman electrician. The remaining three members shall be appointed by the governing body of the city with the consent of the board of county commissioners, provided however, that if the governing body of the city and the board of county commissioners do not concur in such appointments within thirty (30) days of any such vacancy the appointments may be made by a majority of the members of the board. One member of said board shall be a registered professional engineer with experience or training in the field of electrical engineering, one member of said board shall be a lawyer admitted to practice before the courts of this state, and one member shall be a licensed architect. The initial terms of the Class A electrical contractors and the Class A journeyman electricians appointed by the governing body of the city and appointed by the board of county commissioners shall be for a period of two (2) years and the initial term of the remaining three appointments shall be for a term of one year. The term of such initial appointees and of all subsequent appointees of the city and county shall expire as of July 31 of that calendar year in which the terms expire, regardless of the calendar date upon which the appointments are made. Subsequent appointments of the city and county shall be for terms of two (2) years, except in the case of an appointment to fill a vacancy in the membership of the board which latter appointment shall be for the unexpired term of the member whose death, resignation, or removal has created the vacancy. Following the expiration of the term for which he was appointed, any member shall continue to serve until his successor has been appointed and qualified; provided, however, that no person shall serve more than two successive terms as a member of said board. A quorum of such board necessary to conduct business or take action of a discretionary nature shall be four members. b. It shall be the duty and within the authority of said board to perform any or all of the following acts: (1) To give written examinations to persons desiring to obtain a certificate of competency to engage in or work at that phase or classification of the electrical business designated and as the same is herein defined as to the applicant's skill and knowledge and entitlement to such certificate of competency. (2) To re-examine any applicant who fails to pass an examination required herein. Provided, however, that such person will be ineligible for re-examination until the expiration of ninety (90) days from the date of such prior examination. Payment of the examination fees established herein must be made for each separate examination or re-examination. (3) To hear appeals on technical disputes arising between the inspectors of the city, county or metropolitan area and electrical contractors, property owners or lessees, as to the interpretation and effect of the electrical code as the same is established. (4) To prepare and issue interpretative opinions relative to the technical aspects of the electrical code, but to perform this function only in the event some real dispute has arisen between affected parties. (5) To act as a permanent code committee and to investigate and suggest to the proper legislative authority such changes in the electrical code as may be desirable. (6) To formulate its own rules and regulations pertaining to procedure within the limits set forth in this act, provided all examinations required herein upon which a determination or conclusion is reached by the board shall be reduced to writing subject to review in accordance with provisions hereof and not otherwise in conflict therewith. (7) To employ necessary clerical personnel subject to the joint approval of the city, county or metropolitan area authority, and to expend funds for necessary technical and professional services and equipment within the limits of appropriations made therefor; all of which shall be subject to the terms and conditions of the agreement creating such board. (8) The board may, upon its own motion or upon a charge in writing by any person, consider charges against any licensee or certificate of competency holder that such person has been guilty of repeated wilful violations of this act or of a transfer of license in violation of this act. At all times and in all proceedings the board shall comply with the provisions of Chapter 8, Title 75, Oklahoma Statutes, otherwise known as the Administrative Procedures Act, and specifically the board shall be required to comply with and have the powers and duties of the provisions of Sections 309 et seq., Title 75, Oklahoma Statutes, in connection with any hearing authorized by this act. If the board finds from the evidence presented that the charges have been sustained by the evidence presented, it shall then file such findings with the district court clerk styled: In Re: The matter of the suspension or revocation of the license or certificate of competency of "__________", (inserting the name of the person, firm or corporation so charged). Such matter shall be docketed and considered as any other civil matter within the equity jurisdiction of the district court. The matter shall be considered de novo by the district court. The charges and findings of the board filed with the district court clerk and any response or answer filed by the person, firm or corporation so charged shall constitute the issues for trial by the district court. If the district court finds that the evidence sustains the charges, the district court may suspend, revoke, or impose sanctions upon the license or certificate of competency of any person, firm or corporation found guilty of such charges, and provided for the conditions for the reinstatement, restoration or removal of sanctions as a part of any such judgment. (9) To issue, reissue or renew licenses, under the terms of this act, and to receive and account for all license and examination fees paid to it. Funds so received shall be deposited as provided in the agreement establishing the board. (10) Proceedings of the board shall be in writing with minutes kept of all meetings, both regular and special. Copies of proceedings, including findings, determinations and interpretations shall be public records, and all meetings, both regular and special, shall be open to the public, except during those meetings when the examination of applicants for certificates of competency are being conducted or personnel matters are being considered. c. Any ruling, requirement, decision or interpretation of the board shall be final and binding upon all parties thereto unless appealed to the district court of competent jurisdiction within fifteen (15) days from the rendition of such rule, requirement, decision or interpretation, in the manner and form now provided by statute for appeals generally. In the event of an appeal, any party aggrieved by the action of the board shall serve a copy of the petition of appeal upon the secretary or any member of the board within fifteen (15) days following the action from which an appeal is taken. Any appeal from a judgment, decision, action or determination of the board considered by the board under the provisions of Section 3, subsection b., (3), of this act in regard to technical disputes shall be to the district court sitting as an appellate tribunal. All other appeals shall be to the district court for hearing and trial de novo. Any contractor, property owner or lessee who appeals the decision of the board relating to electrical code requirements to the district court must, upon order of the district court, file with the clerk of the district court a bond in an amount as determined by the district court to be sufficient to place the work in condition to satisfy the requirements of the code. Upon failure to file a bond as herein required, the appeal shall be dismissed. Anyone taking an appeal from the board must pursue the appeal diligently and in the event the appeal is not heard within six (6) months, due to failure of the appellant to diligently pursue the appeal, the court shall thereupon dismiss said appeal with prejudice and order the action appealed from enforced. d. The filing of a notice of appeal from a decision of the electrical inspector or the board shall stay any order of the electrical inspector or board if such order is based upon a technical violation of the electrical code. If the board or a court of competent jurisdiction shall determine that such order is based on a present and immediate danger to life and property, then any appeal as permitted herein shall not stay the order of the electrical inspector, provided, however, that any such order shall be made in writing and served on the affected parties. e. The expenses of operating the board shall be provided for under the terms of the agreement creating such board. Necessary funds will be appropriated by the city or county, or both, as the case may be, for the purpose of defraying approved operating expenses. The manner in which claims shall be presented and approved for payment shall be provided by the agreement creating the board. Members of the board shall be compensated for attendance at meetings in an amount fixed by the agreement creating the board not to exceed Fifteen Dollars ($15.00) per diem, and such compensation shall be limited to two meetings per calendar month. f. All actions, decisions and opinions of the board which have become final shall be binding upon the electrical inspectors and upon all of the parties to the proceeding in which the action, decision or opinion has been given, shall remain in force and be binding thereafter until otherwise changed, overruled, modified or cancelled.

Legislative History

Added by Laws 1965, c. 406, § 3, emerg. eff. July 5, 1965.