§ 5-65-10 - Grounds for discipline – Injunctions.
SECTION 5-65-10
§ 5-65-10 Grounds for discipline –Injunctions. – (a) The board or commission may revoke, suspend, or refuse to issue, reinstate,or reissue a certificate of registration if the board or commission determinesafter notice and opportunity for a hearing:
(1) That the registrant or applicant has violated §5-65-3.
(2) That the insurance required by § 5-65-7 is notcurrently in effect.
(3) That the registrant, licensee or applicant has engaged inconduct as a contractor that is dishonest or fraudulent that the board findsinjurious to the welfare of the public.
(4) Has violated a rule or order of the board.
(5) That the registrant has knowingly assisted anunregistered person to act in violation of this chapter.
(6) That a lien was filed on a structure under chapter 28 oftitle 34 because the registrant or applicant wrongfully failed to perform acontractual duty to pay money to the person claiming the lien.
(7) That the registrant has substantially violated state orlocal building codes.
(8) That the registrant has made false or fraudulentstatements on his or her application.
(9) That a registrant has engaged in repeated acts inviolation of this chapter and the board's rules and regulations inclusive ofsubstandard workmanship and any misuse of registration.
(10) The board may take disciplinary action against acontractor who performed work or arranged to perform, while the registrationwas suspended, invalidated or revoked. Deposits received by a contractor andordered returned are not considered a monetary award when no services orsupplies have been received.
(11) That the registrant breached a contract.
(12) That the registrant performed negligent and/or improperwork.
(13) That the registrant has advertised with a license numberinstead of using a registration number.
(14) That the registrant has failed to complete a project(s)for construction or a willful failure to comply with the terms of a contract orwritten warranty.
(15) That the registrant has misrepresented his registrationstatus as valid when said registration is suspended, revoked, invalidated,inactive or unregistered as required by the board.
(16) That the registrant has failed to pay a fine or complywith any order issued by the board.
(17) That the registrant has failed to obtain or maintain therequired continuing education/units required by the board, or failed to signthe affidavit required by the board for registration or renewal.
(18) When a violation for hiring a non-registered contractor,working as a non-registered contractor, or not maintaining the insurancerequired is issued, the registration may become invalidated until the violationis resolved or hearing is requested on this offense.
(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. An injunction shall notbe issued for failure to maintain the list provided for in § 5-65-3(h)unless the court determines that the failure is intentional.
(c) For each first violation of a particular section of thischapter or any rule or regulation promulgated by the board, a fine not toexceed five thousand dollars ($5,000) may be imposed after a hearing by theboard. Provided, further, that the board at its discretion may, after ahearing, impose an additional fine up to but not to exceed the face value ofthe contract or the actual damages caused by the contractor, whichever shall begreater.Where the claim is for actual damages the board shall require proofsatisfactory to the board indicating said damages. Where corrective work iscompleted as ordered by the board, the fine assessed may be reduced asdetermined by the board. Fines and decisions on claims or violations inclusiveof monetary awards can be imposed against registered as well as contractorsrequired to be registered by the board.
(2) For each subsequent violation of a particular subsectionof this chapter or of a rule or regulation promulgated by the board, a fine notto exceed ten thousand dollars ($10,000) may be imposed after a hearing by theboard. All fines collected by the board shall be deposited as general revenuesuntil June 30, 2008 to be used to enforce the provisions of this chapter.Beginning July 1, 2008, all fines collected by the board shall be depositedinto a restricted receipt account to be used to enforce the provisions of thischapter.
(3) For the first violation of § 5-65-3, only fornon-registered contractors, a fine of up to five thousand dollars ($5,000) fora first offense and up to ten thousand dollars ($10,000) for each subsequentoffense shall be imposed.
(d) The hearing officer, upon rendering a conclusion mayrequire the registrant, in lieu of a fine, to attend continuing educationcourses as appropriate. Failure to adhere to the requirement could result inimmediate revocation of registration.
(e) The expiration of a registration by operation of law orby order or decision of the board or a court, or the voluntary surrender ofregistration by the registrant, does not deprive the board of jurisdiction, anaction or disciplinary proceeding against the registrant or to render adecision suspending or revoking a registration.
(f) In emergency situations, when a registrant is acting tothe detriment of the health, welfare and safety of the general public, theboard's executive director may revoke or suspend a registration without ahearing for just cause for a period of thirty (30) days.
(g) A registrant may petition the board to partially orcompletely expunge his or her record provided that notice of said expungmentproceedings has been provided to the claimant who was the subject of theviolation. For purposes of this subsection "notice" shall consist of a mailingto the last known address of the claimant and need not be actual notice.
(h) Any person or contractor, registered or not, who usesanother contractor's registration, contractor's registration identificationcard, or allows another person to use their contractor's registrationfraudulently in any way, will be subject to a fine not exceeding ten thousanddollars ($10,000).
(i) When the use of fraudulent advertising entices anindividual to hire an unregistered contractor, a fine of up to ten thousanddollars ($10,000) may be imposed by the board.
(j) It shall be unlawful to retain a social security numberor copy of the driver's license from a registrant by a building official as acondition of obtaining a permit.
(k) The board is further authorized upon certain findings orviolations to:
(1) Put a lien on property held by a contractor.
(2) Take action on registrant when the continuing educationrequirements have failed to be attained as required in rules and regulations.
(3) When upon investigation a complaint reveals: serious codeinfractions; unsatisfied mechanic's liens; abandonment of a job for asubstantial period of time without apparent cause; or any other conductdetrimental to the public, the board can double the fines.
(4) Suspend, revoke or refuse to issue, reinstate or reissuea certificate of registration to any registrant who has contracted, advertised,offered to contract or submitted a bid when the contractor's registration issuspended, revoked, invalidated or inactive or unregistered as required by theboard.
(l) No person shall register as a contractor with thecontractors' registration board for the purpose of deceiving or circumventingthe registration process by enabling a person whose registration has beensuspended or revoked to conduct business. Provided, further, that any personwho, in good faith relies on the board or the contractor's registration websitefor information regarding registration status of another shall be exempt fromviolations pursuant to this section if the information is not correct.Violators of this section shall be jointly and individually liable for damagesresulting from their activities as contractors pursuant to this chapter.Violations of this subsection may result in a revocation of registration and/orfines not to exceed ten thousand dollars ($10,000) and/or up to one year injail. Furthermore, the director shall require that all applicants forregistration shall swear by way of affidavit that they are aware of thisprovision and its implications.