§ 34-31-32 — Violations; Penalties

Alabama § 34-31-32

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 31: Heating, Air Conditioning, and Refrigeration Contractors

Text

(a) Except as provided in Section 13A-9-111.1, any individual engaged in business as a certified contractor or performing the functions of a certified contractor in violation of this chapter shall be guilty of a Class A misdemeanor.
(b) The board may impose late penalties on certified contractors who fail to renew certificates by December 31 of each year. The board may also remove the certification from any certified individual who fails to renew his or her certificate by the first day of March and require the individual to apply for a new certificate. The board may require the successful re-testing of any previously certified individual who applies for a new certification.
(c) The board may reprimand, in writing, any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates this chapter.
(d) The board may remove, revoke, or suspend the certification of any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates this chapter, and may require any previously certified individual to apply for a new certification.
(e) The board may levy and collect administrative fines for violations of this chapter or the rules of the board of not more than two thousand dollars ($2,000) for each violation.
(f)(1) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person engaged in any activity, conduct, or practice that is a violation of this chapter, directing the person to cease and desist from the activity, conduct, practice, or performance of any work in progress or about to be commenced. The order shall be issued in the name of this state under the authority of the board.
(2) If the person fails to immediately comply with the cease and desist order, the board shall petition any court of competent jurisdiction to issue a writ of injunction enjoining the person from engaging in any activity, conduct, practice, or performance of work prohibited by this chapter. Upon a sufficient showing by the board that the person has engaged or is engaged in any activity, conduct, practice, or performance of work prohibited by this chapter, the court may issue a temporary restraining order to enjoin the person from engaging in the performance of work pending the hearing on a preliminary injunction. After a hearing, the court may issue a permanent injunction commanding the cessation of the performance of work complained of, all without the necessity of the board having to give bond. A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this subsection shall not be subject to being released on bond.
(3) In the suit for an injunction, the board may issue a fine of up to two thousand dollars ($2,000) plus costs for each offense.
(4) Any failure to cease work, after a hearing and notification from the board, shall render an individual ineligible to apply for a certified contractor’s license for a period not to exceed one year from the date of official notification to cease work. The board may withhold approval for up to six months of any application from any individual who, prior to the application, has been found in violation of this chapter.

Legislative History

(Acts 1982, No. 82-547, p. 900, §3.15; Acts 1988, No. 88-217, p. 339, §3; Acts 1992, No. 92-180, p. 333, §3; Act 2000-745, p. 1658, §1; Act 2004-67, p. 82, §3; Act 2009-486, p. 879, §1; Act 2021-272, §2; Act 2024-310, §1.)