Penalties – Enjoinment of prohibited acts or practices.
A.All roofing contractors shall be registered annually by the Board. All registrations shall be nontransferable. It is unlawful for any person to act as a roofing contractor without having a current and valid roofing contractor's registration or act as a commercial roofing contractor without a current and valid commercial roofer endorsement issued pursuant to the Roofing Contractor Registration Act, unless the person is exempt under the Roofing Contractor Registration Act. Evidence of securing a permit, including roofing work from a governmental agency or the employment of a person on a roofing project, shall be accepted in any court as prima facie evidence of the existence of a contract. Each copy of a roofing contractor's record, w
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Penalties – Enjoinment of prohibited acts or practices. A. All roofing contractors shall be registered annually by the Board. All registrations shall be nontransferable. It is unlawful for any person to act as a roofing contractor without having a current and valid roofing contractor's registration or act as a commercial roofing contractor without a current and valid commercial roofer endorsement issued pursuant to the Roofing Contractor Registration Act, unless the person is exempt under the Roofing Contractor Registration Act. Evidence of securing a permit, including roofing work from a governmental agency or the employment of a person on a roofing project, shall be accepted in any court as prima facie evidence of the existence of a contract. Each copy of a roofing contractor's record, which would include responses to any complaints, that is from and verified by the registrar, or a verified statement from the registrar that there is no record as no application was made, shall be received in all courts in this state as prima facie evidence of the facts stated therein. A verified copy of a roofing contractor's administrative citation for unregistered activity or without required commercial roofer endorsement and order of final disposition from the registrar shall be received in all courts in this state as prima facie evidence of the facts stated therein, including establishment thereby of the first offense. B. A person shall not engage or offer to engage in, by advertisement or otherwise, the business nor act in the capacity of a roofing contractor within this state nor shall that person bring or maintain any claim, action, suit, or proceeding in any court of this state related to the person's business or capacity as a roofing contractor without a valid registration and commercial roofer endorsement, when required, continuously while performing the work for which the claim, action, suit, or proceeding is sought, as provided in the Roofing Contractor Registration Act. No business entity shall advertise or act as a roofing contractor unless such business is a registered roofing contractor with a valid commercial roofer endorsement, when required, and is in good standing, and is associated with and responsible for all roofing contractor work of such entity. Any business entity violating the provisions of this subsection shall be subject to administrative penalty by the Board not to exceed Five Thousand Dollars ($5,000.00). C. A person who fails to obtain a valid registration and endorsement when required prior to advertising or offering to engage as or acting as a roofing contractor as defined in the Roofing Contractor Registration Act, or a person who acts as a roofing contractor while his or her registration is not in good standing or is suspended or revoked without complying with the required disclosure and option for homeowner to cancel the contract provisions of subsection I of Section 1151.5 of this title, or a person who violates any provision of the Roofing Contractor Registration Act, shall be guilty of a misdemeanor, upon conviction or plea, punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each violation. More than one misdemeanor violation in any twelve-month period shall be grounds for the suspension of the registration, and shall cause the person to be ineligible for registration for a period not to exceed twenty-four (24) months after all requirements of the sentence, or deferment of sentence, and probation have been met, including the payment of any restitution or rehabilitative treatment. D. In lieu of referring complaints of violations of the Roofing Contractor Registration Act to the district attorney for misdemeanor prosecution, the Board in its discretion may issue administrative fines to any person up to Five Hundred Dollars ($500.00) for violations of any provision of the Roofing Contractor Registration Act or its rules or regulations. A person who fails to obtain a valid registration prior to acting as a roofing contractor, or a person who acts as a roofing contractor while his or her registration or commercial roofer endorsement is not in good standing or is suspended or revoked without complying with the required disclosure and option for homeowner to cancel the contract provisions of subsection I of Section 1151.5 of this title, on first offense, may be administratively fined and disciplined after notice and opportunity for hearing before the Roofing Hearing Board. A person who violates any other provision of the Roofing Contractor Registration Act, on first offense within a two-year period, may be administratively fined and disciplined by the Roofing Hearing Board in its discretion in lieu of referral to the district attorney as a misdemeanor, or the matter may be referred to the district attorney. Misdemeanor conviction, guilty plea, or nolo contendere plea due to alleged violations of the Roofing Contractor Registration Act shall be grounds for the revocation of the registration and shall cause the person to be ineligible for registration for a period not to exceed twelve (12) months after all requirements of the sentence, or deferment of sentence, and probation have been met, including the payment of any restitution or rehabilitative treatment. E. Administrative fines collected pursuant to the Roofing Contractor Registration Act shall be placed in the Roofing Contractor Registration Revolving Fund pursuant to Section 1151.20 of this title. F. It is the duty of the building official or other authority charged with the duty of issuing roofing permits of any incorporated municipality or subdivision of the municipality or county to refuse to issue a roofing permit for any roofing undertaking which would require a registration pursuant to the Roofing Contractor Registration Act unless the applicant has furnished evidence that he or she is either registered as required or is exempt from the registration requirements of the Roofing Contractor Registration Act. G. The Roofing Hearing Board may make application to the appropriate court for an order enjoining the acts or practices prohibited by the Roofing Contractor Registration Act, and upon a showing by the Roofing Hearing Board that the person or firm has engaged in, or is about to engage in, any of the prohibited acts or practices, an injunction, restraining order or other order as may be appropriate shall be granted by the court.