§ 5-70-18. Enforcement.
(a) The director of labor and training may refuse to issue a certificate, or may revoke
or annul a certificate, or may suspend a certificate for a period not to exceed one
year for any of the following acts:
(1) Bribery, fraud, or misrepresentation in obtaining a license;
(2) Performing or engaging in the installation, alteration, service, or testing of telecommunications
systems in another state or country in violation of the laws of that state or country;
(3) Performing or engaging in the installation, alteration, service, or testing of telecommunications
systems in this state in violation of the provisions of this chapter or standards
of professional conduct established and published by the director of labor and training;
(4) Fraud, deceit, recklessness, gross negligence, or incompetence in the installation,
alteration, service, or testing of a telecommunications system; or
(5) Use of a license serial number in a manner other than that authorized by this chapter.
(b) The division of professional regulation is authorized to provide assistance to the
director of labor and training in the normal day-to-day enforcement and administration
of this chapter. This assistance shall be in accordance with sections entitled "administration�
and "enforcement� of the bylaws of the board. All administrative guidance to the department
shall be consistent with the administrative procedures act, chapter 35 of title 42. The board shall be responsible for the expenses incurred in the administration and
enforcement of this chapter and shall authorize payment from the fund to the department
of labor and training for these expenses.
(c) Any person may prefer charges against an applicant or licensee under subsection (a)
of this section by submitting a written statement of charges, sworn to by the complainant
with the director of labor and training. The director of labor and training, or his
or her designee, shall hear and determine all charges within three (3) months after
the date on which the statement of charges was received by the division of professional
regulation. The time and place of the hearing shall be fixed by the director of labor
and training. The applicant or licensee charged shall be entitled to be represented
by counsel. A hearing shall be conducted in accordance with the provisions for hearings
of contested cases in the administrative procedures act, chapter 35 of title 42. The director of labor and training, or his or her designee, may administer oaths
and conduct examinations. If, after the hearing, a majority of the members of the
board, with the approval of the director of labor and training, find the accused applicant
or licensee guilty of a charge or charges, it may refuse to issue a license to the
accused applicant or it may revoke or suspend the license of the accused licensee.
(d) The director of labor and training may, in his or her discretion, issue a license
to any applicant denied licensing under subsection (c) of this section upon presentation
of suitable evidence of reform. The director of labor and training may, in his or
her discretion, reissue a license revoked or suspended under subsection (c) of this
section upon presentation of suitable evidence of reform. There shall be a right to
appeal of the reconsideration, should either party choose, through the courts.
(e) Legal counsel of the department of labor and training shall act as legal advisor to
the director of labor and training and shall render the legal assistance that is necessary
in carrying out the provisions of this chapter. The board may employ counsel and other
necessary assistance to be appointed by the governor to aid in the enforcement of
this chapter, and the compensation and expenses shall be paid from the fund of the
department of labor and training.