§ 5-65.3-17. Penalties for violations.
(a) Violations of any provision of this chapter shall be subject to the penalties as follows:
any corporation, association, sole proprietorship, firm, partnership, limited-liability
corporation, limited-liability partnership, or other business organization licensed
by the board shall be subject to a fine up to five thousand dollars ($5,000) for the
first offense and up to ten thousand dollars ($10,000) for the second and subsequent
violations of this chapter.
(b) Any person who operates as an underground utility contractor 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 person shall be imprisoned for
a term not exceeding two (2) years, fined not more than two thousand dollars ($2,000),
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 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.
(d) 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.
(e) 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 (b), (c), and (d), 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.
(f) If an underground utility contractor 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.