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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 ďCommon Sense Initiative OfficeĒ if referred by affected parties for anti-competitive effect.

The Ohio Construction Industry License Board, the Architectsí and Landscape Architectsí and Engineersí and Surveyorsí 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 ďuntil the Office has approved of the action.Ē

The standard of review is whether ďstate 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 conductÖ.Ē

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.