68-104-207 - Denial, suspension, revocation or refusal to renew license or certification.
68-104-207. Denial, suspension, revocation or refusal to renew license or certification.
(a) The fire marshal may refuse to grant, or may suspend, revoke or refuse to renew any license or certification held under the provisions of this part, and may assess a civil penalty not exceeding two thousand five hundred dollars ($2,500) for a first violation of the provisions of this part and not exceeding ten thousand dollars ($10,000) for a second or subsequent violation of the provisions of this part; provided, however, that the fire marshall may assess a civil penalty up to ten thousand dollars ($10,000) for a first violation of the provisions of this part that is willful and egregious and in the fire marshal's discretion warrants such a penalty.
(b) The provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall govern all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.
(c) If an exhibitor's license is suspended or revoked, then the exhibitor shall cease performing displays and distributing display fireworks immediately. If an exhibitor's license is revoked for any reason, then the exhibitor is prohibited from applying for a new license for one (1) year from the date of revocation. Upon a finding that the exhibitor's federal license, if applicable, has been revoked, the fire marshal shall revoke the exhibitor's state license. An exhibitor's license that has been revoked solely for failure to have the required insurance may be reinstated upon proof by the exhibitor that the required insurance has been obtained.
[Acts 2006, ch. 839, § 1.]