§ 5-65.4-5. Penalties for violations.
(a) Any person who operates as a supervisor of new residential construction or remodeler
of existing residential structures 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 or fined
not more than one thousand dollars ($1,000), or both, for a first or second offense.
A third or subsequent violation of this chapter shall be a felony and, upon conviction,
the person shall be imprisoned for a term not exceeding two (2) years, or 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) of this section, 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.
(e) If a contractor is a repeat offender with violations of three (3) or more final orders
of the board with respect to 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.