§ 44-57-11 - Enforcement.
SECTION 44-57-11
§ 44-57-11 Enforcement. – (1) A system certification may be revoked if the director finds that:
(i) The applicant obtained the system certification by fraudor misrepresentation;
(ii) The verification form was fraudulent or misrepresentedby the taxpayer;
(iii) The renewable energy system has not been installed oroperated in substantial compliance with the plans, specifications, orprocedures specified in the application or certification, such as:
(A) Failure to comply with required codes or obtain requiredpermits or inspections;
(B) Return of the renewable energy system to the seller orinstaller for a refund; or
(C) Sale or removal of the device so that it no longeroperates on the property of the applicant; or
(iv) The applicant refuses to allow the state energy officeto inspect the renewable energy system after a reasonable written request bythe state energy office. A reasonable request shall allow applicant to choose aday within three (3) weeks of the request from the state energy office.
(2) Following revocation, the applicant shall forfeit the taxcredit, and the division of taxation shall proceed to collect any taxes duefrom the taxpayer because of this forfeiture.
(1) A contractor certification may be revoked if the directorfinds that the system certification or the contractor certification wasobtained by fraud or misrepresentation by the contractor. The director may findthat fraud or misrepresentation occurred if the director finds false statementswere made regarding the contractor's licenses held, products or warrantiescarried, range of product cost, personnel employed in the business, or anyother statement made in application for contractor certification.
(2) A contractor certification may be revoked if the directorfinds that the contractor's performance regarding sales or installation of therenewable energy system for which the contractor is issued a certificate doesnot meet industry standards. The director may find that the contractor'sperformance does not meet industry standards under the following conditions:
(i) The contractor is not registered with the contractors'registration board or does not carry the required level of insurance;
(ii) The contractor fails to obtain the required state orlocal permits required to install the renewable energy system;
(iii) The contractor fails to install the renewable energysystem in compliance with standards adopted under this chapter;
(iv) The contractor fails to install the renewable energysystem in a workmanlike manner;
(v) The contractor fails to install the renewable energysystem to comply with manufacturers' published specifications;
(vi) The contractor fails to honor contract provisions whenthere is no legitimate excuse for nonperformance of the obligation; or
(vii) The contractor fails to honor a warranty which thecontractor is contractually obligated to perform; and
(viii) The contractor fails to make corrections to remedyfailure to comply with paragraphs (i) through (vii) of this subdivisionrequested by the state energy office within thirty (30) days of writtennotification from the state energy office of the problem, unless a timeextension is granted by the state energy office; or
(ix) A tax credit for a renewable energy system sold orinstalled under the contractor certification is ordered revoked under thissection; or
(x) New information indicates that the renewable energysystem installed under the contractor certification does not meet eligibilityrequirements.
(3) A contractor certificate may be revoked if the directorfinds that the contractor misrepresented to the customer either the tax creditprogram or the nature of the renewable energy system. The director may findthat the contractor has misrepresented the tax credit program or the renewableenergy system under the following conditions:
(i) The contractor has provided false or misleadinginformation to the customer regarding the availability of the tax credit,amount and nature of the tax credit, procedures for tax credit application,eligibility standards for credit, or any other misleading information about theprogram;
(ii) The contractor has misrepresented the nature of theperformance of the renewable energy system;
(iii) The contractor has misrepresented the cost of thesystem. For example, the contractor omits costs in the contract for featuresnecessary for basic installation and/or operation of the system and/or tocomply with the renewable energy system eligibility; or
(iv) The contractor has misrepresented a competitor's productor service; and
(v) The contractor fails to make corrections requested, inwriting, by the state energy office to remedy violations of paragraphs (i)through (iv) of this subdivision within thirty (30) days unless more time isallowed by the state energy office, or the contractor fails to remedy theconstruction and/or warranty claim as directed by order of the contractors'registration board.