§ 5-73-5. Penalties for violations.
(a) Any person who operates as a roofing 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.
(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.
(e) If a roofing 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.