§ 5-65.1-13. Violations — Penalties.
(a) Any person who operates as a home inspector without a license as adjudged in a final
order issued by the board, upon proper written notification, is deemed guilty of a
misdemeanor, and, upon conviction, shall be imprisoned for a term not exceeding one
year, fined not more than one thousand dollars ($1,000), or both, for a first or second
offense. A third or subsequent violation of this subsection is to be deemed a felony
and, upon conviction, the violator shall be imprisoned for a term not exceeding two
(2) years, fined not more than two thousand dollars ($2,000), or both.
(b) Any person who violates a final order of the board where the monetary total of the
order including, but not limited to, the monetary judgment and/or fines, is not more
than five thousand dollars ($5,000), upon proper written notification, is deemed guilty
of a misdemeanor and, upon conviction, shall be imprisoned for a term not exceeding
one year, fined not more than one thousand dollars ($1,000), or both.
(c) Any person who violates a final order of the board where the monetary total of the
order including, but not limited to, the monetary judgment and/or fines, is five thousand
dollars ($5,000) or more, upon proper written notification, is deemed guilty of a
felony and, upon conviction, shall be imprisoned for a term not exceeding ten (10)
years, fined not more than ten thousand dollars ($10,000), or both.
(d) A final order shall be considered delivered when served to a defendant or designated
agent to accept service. In addition to any sentence or fine imposed by the court
under subsections (a), (b), and (c), the court shall order a defendant to comply with
any outstanding final order of the board, including any monetary judgment and to pay
to the board any outstanding fine or fines previously imposed by the board pursuant
to this chapter. A final order of the board may also be enforced in a civil contempt
proceeding brought upon complaint in the district court.
(e) If a home inspector is a repeat offender with violations of three (3) or more final
orders of the board with respect to three (3) separate contracts executed by three
(3) separate individuals/aggrieved parties and the violations are filed within a twenty-four-month
(24) period, the violation shall be prosecuted as a felony and, upon conviction, the
violator shall be subject to imprisonment for a term not to exceed ten (10) years
or fined not more than ten thousand dollars ($10,000), or both.