§ 40-79-110 — Grounds for disciplinary action; responsible entity or individual; civil penalties; return of canceled or revoked license; reapplication; completion of work in process; revocation or suspension effective; dissolution of business; revocation of individual license classification; unlicensed owner receiving bids prohibited.

(A) The board may impose disciplinary action authorized by this chapter and Section 40-1-110 or any regulation promulgated under this chapter, upon a licensee, branch office, qualifying party, or registered employee if found guilty of any of the following: (1) permitting an employee to engage in an alarm system business when not properly certified or registered as a qualifying party or registered employee; (2) wilfully failing or refusing to render service to a client as agreed between the parties and for which compensation has been paid and rendered in accordance with the agreement of the parties; (3) failing to maintain the required Certificate of Comprehensive General Liability Insurance; (4) obtaining a license or registration by fraud or deceit; (5) engaging negligence, incompetence, or misconduct in the practice of the alarm business profession; (6) abiding or abetting an unlicensed business or individual to evade the provisions of this chapter, Chapter 1, Title 40 or any regulation promulgated under this chapter; (7) abandoning a job or refusing to perform a job after submitting a contract on work without a legal or a valid excuse, as determined by the board, for the abandonment or refusal; (8) violating a provision of this chapter or a regulation promulgated under this chapter or any other applicable provision of law; (9) misrepresenting a material fact by an applicant in obtaining a license or certificate; (10) engaging in a wrongful or fraudulent act in the alarm business resulting in injury; (11) conviction of a felony or a crime involving moral turpitude, or pleading nolo contendere to any such offense. A "felony" includes an offense committed in another jurisdiction which, if committed in this State, is a felony; (12) failing to list any branch office with the department as required in this chapter; (13) failing to pay monies when due in excess of five hundred dollars for materials or services rendered in connection with the operation of the alarm business; (14) engaging or offering to engage in the alarm business or submitting a bid when not properly licensed or while a license is under suspension or in violation of a condition of probation; (15) failing to obtain a permit if required by a local or state government agency before engaging in a project; (16) failing to take appropriate corrective action to comply with the provisions of this chapter or any regulations promulgated under this chapter without valid justification within a reasonable period of time after receiving written directive; (17) failing to comply with an order of the board; (18) failing to work in accordance with engineering or architectural plans, industry specifications, or local or state building codes or ordinances; (19) failing to provide pertinent records and documents as requested by the department or board; (20) failing to comply with a directive of the department; (21) failing to notify the board of the end of employment of the licensee's qualifying party or registered employee within the applicable time or failing to obtain a substitute qualifying party; (22) allowing an individual to work in the licensee's alarm business who has access to a client's residence or business and cannot meet the criminal background check requirements of this chapter; (23) committing a wrongful or fraudulent act as a contractor, including the failure to pay subcontractors or suppliers after drawing payment for work or materials performed or provided by those subcontractors or suppliers; or (24) committing three or more violations of this chapter or regulations promulgated under this chapter within a three-year period; however, if more than one violation was committed during the course of a single project, these multiple violations must be treated for the purpose of this paragraph as one offense. (B) Disciplinary action may be taken against an entity or individual that the board determines to be responsible for violations for this chapter regardless of changes in corporate identity or federal employer identification subsequent to the violation. In determining responsibility, the board may consider, but is not limited to, the following criteria: (1) an individual's participation in management or supervision related to the violation; and (2) an individual's position as sole proprietor, partner, officer, qualifying party, or registered employee. (C) The board may, in addition to all other disciplinary actions, require a licensee, certificate holder, or other entity or individual to pay a civil penalty of up to five thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter and may order unlicensed contractors to cease and desist from violating a provision of this chapter. (D) Upon presentation to the court of common pleas by the department of an affidavit for non-payment of an administrative penalty under a citation which is a final order pursuant to Section 40-79-100 or a civil penalty assessed by the board pursuant to subsection (C), the court shall issue an order for judgment to be filed in the office of the clerk of court. (E) A license or certificate that is canceled by the department or revoked by the board must be returned to the department within fifteen days of notification by the department. (F) No sooner than one year after revocation of any license or certificate by the board, the entity or individual that held that license or certificate may apply for another. The applicant must meet all requirements for initial licensure or certification and must appear before the board to present evidence that his practice will not unreasonably endanger the public. (G) If the department cancels a license, the licensee must apply for initial licensure. (H) The licensee may complete work in progress if the licensee's license is suspended, canceled, or revoked; however, no new work may be bid or started after suspension or revocation of a license upon proper notification by the department. (I) Unless otherwise directed by the board, the suspension, cancellation, revocation, or restriction of a license or certificate shall become effective following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act. (J) If a licensee's business is dissolved, for whatever reason, the department shall cancel that license. (K) The board may revoke, suspend, or restrict an individual license classification without effect to other license classifications. (L) It is a violation of this chapter for an awarding authority, owner, contractor, or his agent to receive or consider any bids unless the bidder has first obtained the licenses required by this chapter.

Legislative History

HISTORY: 2000 Act No. 367, SECTION 1; 2002 Act No. 358, SECTION 2. Editor's Note Prior Laws:1986 Act No. 512, SECTION 10; 1987 Act No. 175, SECTION 9; 1976 Code SECTION 40-79-100.