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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 1301:3-10 | Issuance of Licenses and Government Certifications to Out-of-State Applicants

 
 
 
Rule
Rule 1301:3-10-01 | Definitions.
 

(A) "License" has the same meaning as set forth in division (A) of section 4796.01 of the Revised Code.

(B) "Division" or "division of industrial compliance" or "industrial compliance" means the division of industrial compliance in the Ohio department of commerce.

(C) "Applicable law" means the laws and rules governing the profession, occupation, or occupational activity for which the applicant is seeking to obtain a license or government certification in this state.

(D) "Licensing authority" means the agency or board that regulates the profession, occupation, or occupational activity for which the applicant is seeking to obtain a license or government certification in this state.

(E) "Out-of-state applicant" means an applicant seeking a license or government certification under section 4796.03, 4796.04, or 4796.05 of the Revised Code.

(F) "Superintendent" means the superintendent of the division of industrial compliance in the Ohio department of commerce.

Last updated September 3, 2024 at 9:46 AM

Supplemental Information

Authorized By: 4796.30
Amplifies: 4796.
Five Year Review Date: 7/12/2029
Rule 1301:3-10-02 | Scope; Interpretation.
 

This chapter of the Administrative Code applies to the issuance of a license or government certification under Chapter 4796. of the Revised Code. This chapter of the Administrative Code should be read in conjunction with Chapter 4796. of the Revised Code and applicable law. Where possible, effect should be given to Chapter 4796. of the Revised Code, these rules, and applicable law.

Last updated September 3, 2024 at 9:46 AM

Supplemental Information

Authorized By: 4796.30
Amplifies: 4796
Five Year Review Date: 7/12/2029
Rule 1301:3-10-03 | Applications for license or government certification for out-of-state applicants.
 

(A) In order to obtain a license or government certification as an out-of-state applicant under section 4796.03 to 4796.05 of the Revised Code, an applicant shall submit an application on a form approved by the licensing authority or the licensing authority's designee, as well as the following:

(1) Any fees required by rule 1301:3-10-06 of the Administrative Code;

(2) Proof that the applicant satisfies any financial responsibility requirements as set forth in section 4796.08 of the Revised Code;

(3) Proof of the following:

(a) If the license or government certification that the applicant is seeking would be issued under section 4796.03 of the Revised Code, that the applicant is in good standing in all jurisdictions in which the applicant holds an out-of-state occupational license or government certification to practice the same profession, occupation, or occupational activity for which the applicant is applying in this state; or

(b) If the license or government certification that the applicant is seeking would be issued under section 4796.04 of the Revised Code, that the applicant is in good standing with the private organization that issued the private certification;

(4) Proof that the applicant meets any applicable licensing and work experience requirements to obtain a license or government certification as provided in section 4796.03, 4796.04, or 4796.05 of the Revised Code;

(5) A record of the applicant's disciplinary history with the entity that regulates the applicant's license, out-of-state occupational license, or government certification as provided for in section 4796.13 of the Revised Code; and

(6) Any additional information the licensing authority may require.

(B) Upon receipt of an application submitted in accordance with paragraph (A) of this rule, the licensing authority or the licensing authority's designee shall make a determination as to whether additional information, records, or documentation is needed in order to determine the qualifications of the applicant or the applicant's eligibility to obtain a license or government certification as an out-of-state applicant under section 4796.03, 4796.04, or 4796.05 of the Revised Code. Upon that determination, the licensing authority or licensing authority's designee may request the applicant provide additional information in a manner the licensing authority or licensing authority's designee deems appropriate. Subject to divisions (A) and (B) of section 4796.20 of the Revised Code, the sixty-day period described in division (A) of section 4796.20 of the Revised Code shall not be deemed to commence until receipt of all additional information requested in accordance with this paragraph has been received.

(C) If the applicant is seeking a license or government certification under section 4796.03 of the Revised Code, the licensing authority or licensing authority's designee shall then make a determination as to whether the applicant was required to satisfy minimum education, training, or experience requirements or pass an examination to receive the out-of-state occupational license or government certification as set forth in division (D) of section 4796.03 of the Revised Code. If the licensing authority or licensing authority's designee determines that the applicant has not met such requirements, the licensing authority or licensing authority's designee shall notify the applicant in writing.

(D) Upon approval of the applicant's qualifications, the licensing authority shall notify the applicant in writing, which may be sent electronically, that the applicant has been approved to take the examination on this state's laws and rules, if such an examination is required under the law applicable to the profession, occupation, or occupational activity for which the applicant is seeking a license or goernment certification, as set forth in section 4796.08 of the Revised Code, pending the receipt of an acceptable criminal background check as set forth in this rule. The notice shall instruct the applicant on how to submit to a criminal records check, if such a check is required, as set forth in Chapter 4776. of the Revised Code, section 4796.10 of the Revised Code, and applicable law.

(E) Upon the receipt of an acceptable criminal records check, or upon a finding that the applicant may qualify to obtain a restricted or limited license or government certification in accordance with rule 1301:3-10-05 of the Administrative Code, the licensing authority shall notify the applicant in writing of its approval to take the examination for a license or government certification. The notification shall include a schedule of test dates and information pertaining to the third party authorized to administer the test, if any. The notification shall be sent to the applicant in such a manner that the applicant will receive the notification within a reasonable time prior to the scheduled date of examination.

(F) An applicant, upon notification by the licensing authority of the approval of the application, shall register to take the examination with the licensing authority, or the third-party testing administrator designated on the notification, if any. The licensing authority shall be notified of the results of the examination by the party responsible for administering the examination.

(G) Upon receiving a passing score on the licensing examination, or when no examination is required, the applicant shall pay the required license fee, if any, to the licensing authority. Upon receiving notice that the applicant received a passing score, if an examination is required, and upon receipt of the requisite fee, if any, the licensing authority shall then issue a license to the applicant.

An applicant whose application has been denied by the licensing authority shall be notified in writing of the denial in accordance with laws and rules governing the profession, occupation, or occupational activity for which the applicant is seeking a license or government certification.

Last updated September 3, 2024 at 9:45 AM

Supplemental Information

Authorized By: 4796.30
Amplifies: 4796, 4796.03, 4796.05, 4796.08, 4796.10
Five Year Review Date: 7/12/2029
Rule 1301:3-10-04 | Denial of a license or government certification to an out-of-state applicant.
 

An application submitted under rule 1301:3-10-03 of the Administrative Code may be denied for the following reasons:

(A) The applicant has failed to meet any applicable licensing or work experience requirements necessary to obtain a license or government certification under Chapter 4796. of the Revised Code;

(B) The applicant is not in good standing in either of the following:

(1) In all jurisdictions in which the applicant holds an out-of-state occupational license or government certification to practice the same profession, occupation, or occupational activity for which the applicant is applying in this state, if the applicant would be issued a license of government certification under section 4796.03 of the Revised Code; or

(2) With the private organization that issued the private certification, if the applicant would be issued a license or government certification under section 4796.04 of the Revised Code.

(C) The applicant has surrendered or had revoked a license, out-of-state occupational license, or government certification because of negligence of intentional misconduct related to the applicant's work in the same profession, occupation, or occupational activity for which the applicant is applying in this state;

(D) The applicant was subject to discipline by an entity that regulates a license, out-of-state occupational license, or government certification as provided in section 4796.13 of the Revised Code;

(E) The applicant has been convicted of, found guilty pursuant to a judicial finding of, or pleaded guilty to a criminal offense that would otherwise disqualify the applicant for the license or government certification under the applicable law of this state governing the profession, occupation, or occupational activity for which the applicant is applying; or

The applicant has failed to pass an examination on this state's laws and rules governing the applicable profession, occupation, or occupational activity, if such an examination is required under applicable law.

Last updated September 3, 2024 at 9:46 AM

Supplemental Information

Authorized By: 4796.30
Amplifies: 4796, 4796.03, 4796.04, 4796.05, 4796.08, 4796.10, 4796.11, 4796.12, 4796.13, 4796.20
Five Year Review Date: 7/12/2029
Rule 1301:3-10-05 | Restricted or limited license or government certifications.
 

(A) In order to issue a restricted or limited license or government certification under section 4796.10 of the Revised Code, a licensing authority shall do all of the following:

(1) Describe what restrictions or limitations are being placed upon the license or government certification;

(2) Indicate what period of time the restrictions or limitations apply to the license or government certification, including whether such restrictions or limitations apply to a license renewed under applicable law;

(3) Describe what reporting requirements apply to an individual issued a restricted or limited license or government certification to demonstrate compliance with any restrictions or limitations; and

(4) Maintain a list, available to the public, of restricted or limited license(s) or government certification(s) that have been issued by the licensing authority, including the following:

(a) The name of the licensee;

(b) The restrictions or limitations placed on the license or government certification; and

(c) The underlying offense the licensee was convicted of, had judicial finding of guilt of, or pleaded guilty to that forms the basis for issuance of the restricted or limited license.

(B) A restricted or limited license or government certification may be revoked, and restrictions or limitations may be modified, if a licensing authority determines that an individual issued a restricted or limited license or government certification has violated any restrictions or limitations imposed by the licensing authority.

Last updated July 12, 2024 at 9:15 AM

Supplemental Information

Authorized By: 4796.30
Amplifies: 4796, 4796.03, 4796.04, 4796.05, 4796.10
Five Year Review Date: 7/12/2029
Rule 1301:3-10-06 | Application fees for out-of-state applicants.
 

The application fee for a license or government certification issued to an out-of-state applicant under Chapter 4796. of the Revised Code is the same as either the initial application fee or renewal fee for the license or government certification for in-state applicants under the applicable law for the license or government certification, whichever is greater.

Last updated July 12, 2024 at 9:15 AM

Supplemental Information

Authorized By: 4796.30
Amplifies: 4796.03(F)
Five Year Review Date: 7/12/2029
Rule 1301:3-10-07 | Expiration and renewal of license or government certification issued to out-of-state applicants.
 

(A) A license or government certification issued pursuant to section 4796.03 to 4796.05 of the Revised Code is valid for the same period of time as a license or government certification that was not issued under the chapter.

(B) A license or government certification issued pursuant to sections 4796.03 to 4796.05 of the Revised Code shall be renewed in the manner set forth under the law governing the profession, occupation, or occupational activity for which the applicant was issued a license or government certification.

Last updated September 3, 2024 at 9:46 AM

Supplemental Information

Authorized By: 4796.30
Amplifies: 4796, 4796.30, 4796.04, 4796.05, 4796.21, 4796.22
Five Year Review Date: 7/12/2029