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103.3.10 Residential Personnel Certification, Revocation or Suspension
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In accordance with division (E) of Section 3781.10 of the Revised Code, a residential personnel certification may be revoked or suspended on written complaint to the board of building standards by any person affected by the exercise of the authority granted under such certification, or by the board on its own motion.
103.3.10.1 Complaint Process
Upon receipt of a written complaint against a holder of a board certification that is substantiated by demonstrable evidence or upon the board's own motion:
1. The board shall decide whether the information submitted warrants causing an investigation to be initiated or sending a notice of opportunity for hearing as outlined in Item 4 below;
2. If a formal investigation is warranted, the subject of the investigation shall be notified that an investigation has been initiated by the board;
3. Upon completion of the investigation, findings shall be reported to the board.
4. The board may dismiss the complaint, table the matter for future action, or initiate action to suspend or revoke the residential certification. If the board issues an order to suspend or revoke the certification, it shall:
4.1. Notify the certificate holder of the charges, pursuant to Section 103.3.10.2 by certified mail, return receipt requested. The certificate holder shall be informed that a hearing, if desired, must be requested within thirty days from the date of the mailing to request a hearing before the board. The order shall inform the certificate holder that counsel may represent the certificate holder at the hearing. Failure by the certificate holder to request a hearing within thirty days from the date of the mailing of the notification may cause the board, after a hearing, to uphold an order revoking or suspending certification;
4.2. Schedule a hearing to be held seven to fifteen days after receipt of the request. The board may continue or postpone the hearing upon application by the party or upon its own motion;
4.3. The board may appoint a hearing officer to conduct a hearing.
4.4. A hearing will be conducted during which parties and witnesses can be examined and offer testimony, in a manner that prevents unnecessary delay, and that ensures the development of a clear and adequate record.
4.4.1. The hearing shall be conducted pursuant to the provisions of Sections 3781.10, 3781.101, and 119.09 of the Revised Code;
4.5. If a hearing officer has been appointed, then within thirty days after the hearing, the hearing officer shall submit a written report of the findings of fact and recommendations to the board for its consideration.
5. Following the hearing the party affected shall be sent a certified copy of the board's action and informed by certified mail, return receipt requested, that the certificate holder may appeal the order within fifteen days to the court of common pleas in Franklin county pursuant to Sections 3781.10, 3781.101, and 119.12 of the Revised Code.
103.3.10.2 Grounds for Revocation or Suspension
The board, upon its own motion or upon written complaint of any person affected by the enforcement of the board's rules, the approval of plans and specifications, or the making of inspections, shall investigate the actions of the holder of a certificate if there is an allegation implying one or more of the following:
1. The practice of fraud or deceit in obtaining the certificate;
2. A felony or crime involving moral turpitude;
3. Gross negligence, incompetence, misconduct in performance of duties, or engaging in conduct that is considered a conflict of interest;
4. Failure to complete the continuing education requirements prior to expiration date of the certificate;
5. Violation of the duties described in Section 104.
103.3.10.3 Revocation or Suspension
In the event of suspension or revocation of a certification, the individual shall no longer hold out to the public or any jurisdiction that the individual is certified to exercise enforcement authority or holds the board certification which has been suspended or certification revoked.
103.3.10.4 Probationary Status
In the event of an investigation in which the board decides not to immediately suspend or revoke an individual's certification, the board may place the individual on probationary status for a period of time and require remedial action as the board deems appropriate. During this time the individual shall comply with the training, reporting, auditing, or other remedial action. The board is authorized to revoke or suspend the individual's certification for failure to comply with such remedial requirements.
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