§ 62-6-517 — Citations - Service - Appeal - Settlement of injuries prior to license

Tennessee § 62-6-517

• Jurisdiction: Tennessee
• Title: 62

Text

(a) The executive director of the board, acting on behalf of the board, is authorized to issue citations against persons acting in the capacity of or engaging in the business of home improvement without a license in violation of this part. Each citation shall be in writing and shall describe with particularity the basis of the citation. Each citation shall contain an order to cease all violations of this part and an assessment of a civil penalty in an amount no less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000). (b) The board shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part. (c) The sanctions authorized by this part are in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part. (d) Service of a citation issued pursuant to this section may be made by certified mail at the last known business address or residence address of the person cited. (e) A citation issued pursuant to this section shall be issued by the executive director within one (1) year after the act or omission that is the basis for the citation. (f) Any person served with a citation pursuant to this section may appeal to the executive director by written notice postmarked within fifteen (15) working days after service of the citation with respect to violations alleged, scope of the order, or amount of civil penalty assessed. If a person cited timely notifies the executive director that the person intends to contest the citation, the executive director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. After all administrative appeals have been exhausted, the executive director may apply to the appropriate court for a judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of this part. A certified copy of the final order of the board, hearing officer, or administrative judge or a certified copy of the unappealed citation shall constitute a sufficient showing to warrant the issuance of the judgment and order. The executive director may waive part of the civil penalty if the person against whom the civil penalty is assessed satisfactorily completes all the requirements for, and is issued, a license as a home improvement contractor. (g) Any outstanding injury to the public shall be settled satisfactorily before a license as a home improvement contractor is issued. (h) Section 62-6-509(c) and this section do not apply to the construction, repair or replacement of detached permanent structures designed for the storage of tools, farm implements, lawn care machinery, bulk products and other such items.

Legislative History

Amended by 2015 Tenn. Acts, ch. 290, Secs.s 4, s 5 eff. 4/24/2015. Acts 2007 , ch. 460, § 2.