§ 40-11-100 — Violations; administrative citations; cease and desist orders; administrative penalties; appeals.

(A) The department may refer any reports of violations of this chapter and Article 1, Chapter 1 of this title or any reports of violations of regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against any entity or individual, including unlicensed contractors, for violations of this chapter as specified by the board. (B) Separate citations may be issued and separate administrative penalties may be assessed for each violation, however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day. (C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal. (D) Administrative penalties assessed pursuant to this section may not exceed the following limits: (1) for a first violation of a particular provision of this chapter or Article 1, Chapter 1 of this title, or any board regulation, not more than a five-hundred dollar penalty; (2) for the second of two violations of the same or substantially similar provision in a five-year period, not more than a one-thousand dollar penalty; and (3) for the third or subsequent violation of the same or substantially similar provision in a five-year period, the citation may be referred to the board for action in accordance with Section 40-11-110 or issued a penalty as prescribed in Section 40-11-100(D)(2). (E) An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation.

Legislative History

HISTORY: 1998 Act No. 440, SECTION 1; 2023 Act No. 69 (H.4115), SECTION 4, eff May 19, 2023. Effect of Amendment 2023 Act No. 69, SECTION 4, rewrote (D).