§ 17-33-105 — Penalties - No enforcement of liens

(a) (1) (A) (i) Any person who violates any provision of this chapter or violates any rule or order of the HVACR Licensing Board or any permit, license, or certification may be assessed a civil penalty by the board in accordance with the rules issued by the board. (ii) The penalty shall not exceed two hundred fifty dollars ($250) for each violation, and each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. (2) The amount of any civil penalty levied by the board may be recovered in a civil action brought by the board in a court of competent jurisdiction without paying costs or giving bond for costs. (b) In addition to the civil penalty provided in this section, the board is authorized to petition any court of competent jurisdiction without paying costs or giving bond for costs to: (1) Enjoin or restrain any violation of or compel compliance with the provisions of this chapter and any rules or orders issued thereunder; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this chapter; and (3) Recover all costs, expenses, and damages to the board and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter. (c) If an unlicensed person who is required to be licensed performs HVACR work in violation of this subchapter, that person shall not be entitled to a mechanic's and materialman's lien, a laborer's lien, a repairmen's lien, or any other artisan's lien for work done in violation of this subchapter.

Legislative History

Amended by Act 2019, No. 315,§ 1415, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1414, eff. 7/24/2019. Acts 1991, No. 277, § 18; 1999, No. 465, § 3; 2001, No. 1563, § 1.