§ 5-65.1-11 - Grounds for discipline – Injunctions.
SECTION 5-65.1-11
§ 5-65.1-11 Grounds for discipline –Injunctions. – (a) After a hearing in accordance with the administrative regulationspromulgated by the board, the board may revoke, suspend, or refuse to issue,reinstate, or reissue a license if the board determines that a licensee orapplicant has:
(1) Disclosed any information concerning the results of thehome inspection without the approval of a client or the client'srepresentatives;
(2) Accepted compensation from more than one interested partyfor the same service without the consent of all interested parties;
(3) Accepted commissions or allowances, directly orindirectly, from other parties dealing with their client in connection with theinspection for which the licensee is responsible;
(4) Failed to promptly disclose to a client information aboutany business interest of the licensee which may affect the client in connectionwith the home inspection;
(5) Obtained a license or authorization to sit for anexamination, as the case may be, through fraud, deception, or misrepresentation;
(6) Engaged in the use or employment of dishonesty, fraud,deception, misrepresentation, false promise, or false pretense;
(7) Engaged in gross negligence, gross malpractice, or grossincompetence;
(8) Engaged in repeated acts of negligence, malpractice, orincompetence;
(9) Engaged in professional or occupational misconduct as maybe determined by the board;
(10) Been convicted of any crime involving moral turpitude orany crime relating adversely to the activity regulated by the board. For thepurpose of this subsection a plea of guilty, or nolo contendere shall be deemeda conviction;
(11) Had his or her authority to engage in the activityregulated by the board revoked or suspended by any other state, agency orauthority for reasons consistent with this section;
(12) Attempted to limit liability for negligent or wrongfulerrors or omissions by use of a clause within a performance contract thatlimits the damages for negligent or wrongful errors or omissions;
(13) Failed to provide a written report of the completed homeinspection;
(14) Violated or failed to comply with any order of the boardor provisions of this chapter or any rule or regulation promulgated andadministered by the board pursuant to this chapter;
(15) Become incapable, for medical or any other materialreason, of discharging the functions of a licensee in a manner consistent withthe public's health, safety, and welfare;
(16) Failed to obtain or maintain the insurance required by§ 5-65.1-10;
(17) Knowingly assisted an unlicensed person to act inviolation of this chapter; or
(18) Failed to comply with the provisions of § 5-20.8-8.
(b) In addition to all other remedies, when it appears to theboard that a person has engaged in, or is engaging in, any act, practice ortransaction which violates the provisions of this chapter, the board may directthe attorney general to apply to the court for an injunction restraining theperson from violating the provisions of this chapter.
(c) The board may, after a hearing, impose a fine in anamount not to exceed five thousand dollars ($5,000) for the first violation ofthis chapter, or any rules or regulations promulgated by the board.
(2) For each second violation of a particular subsection ofthis chapter or of a rule or regulation promulgated by the board, a fine not toexceed ten thousand dollars ($10,000) may be imposed after a hearing by theboard.
(d) The board, may, in lieu of a fine or other sanction,order a licensee to attend continuing education courses as appropriate. Failureto adhere to the requirement could result in immediate revocation of a license.