§ 40-79-100 — Referral of reports of violations; administrative citations and penalties; appeals; cease and desist orders.

(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 civil or criminal remedies. (D) Administrative penalties assessed pursuant to this section may not exceed these limits: (1) for a first offense, not more than five hundred dollars; (2) for a second offense in a five-year period, the citation must be referred to the board for action in accordance with Section 40-79-120. (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: 2000 Act No. 367, SECTION 1.