§ 32 §10016 — Uncertified practice

1.
Complaints.
The board may receive or initiate complaints of uncertified practice as an underground oil storage tank installer or inspector.
2.
Investigation.
Complaints of uncertified practice under subsection 1 may be investigated by the board, the department or the Attorney General. If sufficient evidence of uncertified practice is uncovered, the evidence must be compiled and presented to the Attorney General or the local district attorney's office for prosecution.
3.
Criminal penalties.
Notwithstanding any other provision of law:
4.
Civil violations.
A person who practices or represents to the public that the person is authorized to practice as an underground oil storage tank installer or inspector without first obtaining certification as required by this chapter or after the certification has expired or has been suspended or revoked commits a civil violation for which a fine of not less than $100 and not more than $2,000 for each violation may be adjudged. An action under this subsection may be brought in District Court or Superior Court.
5.
Injunctions.
The Attorney General may bring an action in District Court or Superior Court to enjoin a person from violating subsection 4 and to restore to a person who has suffered any ascertainable loss by reason of that violation any money or personal or real property that may have been acquired by means of that violation and to compel the return of compensation received for engaging in that unlawful conduct.

Legislative History

PL 2007, c. 497, §2 (NEW). PL 2015, c. 319, §6 (AMD).