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How Anti-Trust Concerns Changed the Ohio Construction Industry Board Review Process

Published: May 02, 2017 by Luther Liggett

Language in the Ohio state budget would subject licensure board decisions to review by the “Common Sense Initiative Office” if referred by affected parties for anti-competitive effect.

The Ohio Construction Industry License Board, the Architects’ and Landscape Architects’ and Engineers’ and Surveyors’ Boards all are included in the review mandate.

A person affected by a board action may file a brief statement with the Office, which acts as a stay on the board “until the Office has approved of the action.”

The standard of review is whether “state policy is merely a pretext by which the board or commission enables the members of an occupation or industry the board or commission regulates to engage in anticompetitive conduct….”

If the Office disapproves, the Board action is void. The law requires a person to seek such review before instituting an antitrust action against a Board in court.

If you have questions, please do not hesitate to contact attorney Luther L. Liggett of Graff & McGovern at 614-228-5800, ext. 6.