32-1166. Injunctive relief; civil
penalty
A. In addition to all other remedies, when it appears to the registrar, either upon
complaint or otherwise, that any person, firm, partnership, corporation, association or
other organization, or a combination of any of them, has engaged in or is engaging in any
act of contracting, practice or transaction which constitutes a violation of this
chapter, or any rule or order of the registrar, the registrar may serve upon such person,
firm, partnership, corporation, association or other organization not currently licensed
under this chapter, by certified mail or by personal service, a cease and desist order
requiring the person, firm, partnership, corporation, association or other organization
to cease and desist immediately, upon receipt of the notice, from engaging in such act,
practice or transaction. In conjunction with the cease and desist order, the registrar
may issue a citation for a violation. Each citation shall be in writing and shall
clearly describe the violation for which the citation was issued. Each citation shall
contain an order to cease and desist and an assessment of a civil penalty in an amount of
at least two hundred dollars for each violation but not more than two thousand five
hundred dollars for the multiple violations committed on the same day. If after the
issuance of a citation by the registrar, the person or organization receiving the
citation fails to cease and desist in the violation or violations described in the
citation, the registrar may assess an additional civil penalty of up to two thousand five
hundred dollars for each day the violation or violations continue. The registrar shall
adopt rules covering the assessment of a civil penalty that give due consideration to the
gravity of the violation and any history of previous violations. The penalties
authorized under this section are separate from, and in addition to, all other remedies
either civil or criminal.
B. Each violation of this chapter or a rule or order of the registrar by a person
who is required to be licensed by this chapter and who does not possess the required
license shall constitute a separate offense, and the registrar may impose a civil penalty
of not to exceed two thousand five hundred dollars for each violation except that for
multiple violations committed on the same day the civil penalty shall not exceed two
thousand five hundred dollars for all such violations. Monies collected from civil
penalties shall be deposited in the state general fund.
C. The registrar of contractors may issue citations containing orders to cease and
desist and of civil penalties against persons who have never been licensed under this
chapter who are acting in the capacity of or engaging in the business of a contractor in
this state.
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