§ 5-38.5-18. Criminal penalties for violations — Injunctive relief.
(a) Any person, firm, or corporation required to be licensed under this chapter who or
that conducts a motor vehicle glass repair shop business without obtaining a license,
or who, after the denial, suspension, or revocation of a license, conducts that business,
is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not
more than one thousand dollars ($1,000), or imprisonment for not more than one year,
or both; for a second conviction, is guilty of a felony and shall, upon conviction,
be punished by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000), or by imprisonment for not more than two (2)
years, or both; and for a third and subsequent conviction, is guilty of a felony and
shall, upon conviction, be punished by a fine of not less than five thousand dollars
($5,000), or imprisonment for not less than two (2) years nor more than five (5) years,
or both. For the purposes of this section, a plea of nolo contendere with probation
shall be considered a conviction.
(b) If the department has reason to believe that any person, firm, corporation, or association
is conducting a motor vehicle glass repair shop business without obtaining a license,
or who after the denial, suspension, or revocation of a license is conducting that
business, the department may issue its order to that person, firm, corporation, or
association commanding them or it to appear before the department at a hearing to
be held not sooner than ten (10) days after issuance of that order to show cause why
the department should not issue an order to that person to cease and desist from the
violation of the provisions of this chapter. That order to show cause may be served
on any person, firm, corporation, or association named by any person in the same manner
that a summons in a civil action may be served, or by mailing a copy of the order,
certified mail, return receipt requested, to that person at any address at which that
person has done business or at which that person lives. If during that hearing the
department is satisfied that the person is in fact violating any provision of this
chapter, the department may order that person, in writing, to cease and desist from
that violation. All hearings herein are governed in accordance with the administrative
procedures act, chapter 35 of title 42. If that person fails to comply with an order of the department after being afforded
a hearing, the superior court for Providence County has jurisdiction upon complaint
of the department to restrain and enjoin that person from violating this chapter.