(1)Any person, firm, association, or corporation which violates any of the provisions of
sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation promulgated by
the administrator pursuant to this part 12 may be punished upon a finding of such
violation by the administrator as follows:
(a)In any first administrative proceeding against a licensee, a fine of not less
than one hundred dollars nor more than one thousand dollars;
(b)In any subsequent administrative proceeding against a licensee for
transactions occurring after a final agency action determining that any violation of
sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation of the
administrator has occurred, a fine of not less than one thousand dollars nor more
than ten thousand dollars.
Free access — add to your briefcase to read the full text and ask questions with AI
(1)
Any person, firm, association, or corporation which violates any of the provisions of
sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation promulgated by
the administrator pursuant to this part 12 may be punished upon a finding of such
violation by the administrator as follows:
(a) In any first administrative proceeding against a licensee, a fine of not less
than one hundred dollars nor more than one thousand dollars;
(b) In any subsequent administrative proceeding against a licensee for
transactions occurring after a final agency action determining that any violation of
sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation of the
administrator has occurred, a fine of not less than one thousand dollars nor more
than ten thousand dollars.
(2) In addition to the penalties provided in subsection (1) of this section, the
administrator may withhold, deny, suspend, or revoke the registration or
certification of any registered fire suppression contractor or certified fire safety
inspector or applicant therefor if the administrator finds, upon proof, that any such
person has committed any of the following:
(a) Fraud or material deception in the obtaining or renewing of a registration;
(b) Professional incompetence as manifested by poor, faulty, or dangerous
workmanship;
(c) Engaging in conduct that is likely to deceive, defraud, or harm the public
in the course of professional services or activities;
(d) Performing any services in a negligent manner or permitting any of his
agents or employees to perform services in a grossly negligent manner, regardless
of whether actual damage or damages to the public is established;
(e) Directly or indirectly, willfully receiving compensation for any
professional services not actually rendered;
(f) Failing to comply with any provision of this part 12 or the standards or
rules promulgated by the administrator pursuant thereto;
(g) Contracting or assisting unregistered persons to perform services for
which registration is required under this part 12.
(3) All fines imposed by the administrator pursuant to this section shall be
credited to the general fund.
(4) A person acting as a fire suppression contractor may not bring any legal
action to collect compensation due for performing any act for which registration is
required pursuant to section 24-33.5-1206.1 unless such contractor alleges and
proves that he was duly registered under said section at the time the alleged cause
of action arose.
(5) (a) Any person who provides testimony with respect to a disciplinary
matter and any person who lodges a complaint pursuant to this section shall be
immune from liability in any civil action brought against such person for acts
occurring while acting in his or her capacity as a witness or complainant.
(b) The immunity provided in paragraph (a) of this subsection (5) shall apply
to a person only if the person made a reasonable effort to obtain the facts of the
matter and acted in the reasonable belief that the action taken was warranted by
the facts.
(6) (a) When a complaint or investigation discloses an instance of misconduct
that, in the opinion of the administrator, does not warrant formal action but that
should not be dismissed as being without merit, the administrator may issue a letter
of admonition by certified mail to the fire suppression contractor or inspector.
(b) The letter of admonition shall notify the fire suppression contractor or
inspector of the right to request in writing, within twenty days after receipt of the
letter, that formal disciplinary proceedings be initiated to adjudicate the propriety
of the conduct upon which the letter of admonition is based. If the request for
adjudication is timely made, the letter of admonition shall be deemed vacated and
the matter shall be processed by means of formal disciplinary proceedings.