§ 5-70-18 - Enforcement.
SECTION 5-70-18
§ 5-70-18 Enforcement. – (a) The director of labor and training may refuse to issue a certificate, ormay revoke or annul a certificate, or may suspend a certificate for a periodnot to exceed one year for any of the following acts:
(1) Bribery, fraud, or misrepresentation in obtaining alicense;
(2) Performing or engaging in the installation, alteration,service, or testing of telecommunications systems in another state or countryin violation of the laws of that state or country;
(3) Performing or engaging in the installation, alteration,service, or testing of telecommunications systems in this state in violation ofthe provisions of this chapter or standards of professional conduct establishedand published by the director of labor and training;
(4) Fraud, deceit, recklessness, gross negligence, orincompetence in the installation, alteration, service, or testing oftelecommunications system;
(5) Use of a license serial number in a manner other thanthat authorized by this chapter.
(b) The division of professional regulation is authorized toprovide assistance to the director of labor and training in the normalday-to-day enforcement and administration of this chapter. This assistanceshall be in accordance with sections entitled "Administration" and"Enforcement" of the bylaws of the board. All administrative guidance to thedepartment shall be consistent with the Administrative Procedures Act, chapter35 of title 42, of the state. The board shall be responsible for the expensesincurred in the administration and enforcement of this chapter and shallauthorize payment from the fund to the department of labor and training forthese expenses.
(c) Any person may prefer charges against an applicant orlicensee under subsection (a) of this section by submitting a written statementof charges, sworn to by the complainant with the director of labor andtraining. The director of labor and training or his or her designee shall hearand determine all charges within three (3) months after the date on which thestatement of charges was received by the division of professional regulation.The time and place of the hearing shall be fixed by the director of labor andtraining. The applicant or licensee charged shall be entitled to be representedby counsel. A hearing shall be conducted in accordance with the provisions forhearings of contested cases in the Administrative Procedure Act, chapter 35 oftitle 42. The director of labor and training or his or her designee mayadminister oaths and conduct examinations. If, after the hearing, a majority ofthe members of the board with the approval of the director of labor andtraining, find the accused applicant or licensee guilty of the charges, or anyof them, it may refuse to issue a license to the accused applicant, or it mayrevoke or suspend the license of the accused licensee.
(d) The director of labor and training may, in his or herdiscretion, issue a license to any applicant denied licensing under subsection(b) of this section upon presentation of suitable evidence of reform. Thedirector of labor and training may, in his or her discretion, reissue a licenserevoked or suspended under subsection (b) of this section upon presentation ofsuitable evidence of reform. There shall be a right to appeal of thereconsideration, should either party choose, through the courts.
(e) Legal counsel of the department of labor and trainingshall act as legal advisor to the director of labor and training and shallrender the legal assistance that is necessary in carrying out the provisions ofthis chapter. The board may employ counsel and other necessary assistance to beappointed by the governor to aid in the enforcement of this chapter, and thecompensation and expenses shall be paid from the fund of the department oflabor and training.