41-2186. Grounds for disciplinary
action
The deputy director may, upon the deputy director's own motion, and shall, upon the
complaint in writing of any person, cause to be investigated by the office the acts of
any manufacturer, dealer, broker, salesperson or installer licensed with the office and
may temporarily suspend or permanently revoke any license issued under this article,
impose an administrative penalty or place on probation any licensee, if the holder of the
license, while a licensee, is guilty of or commits any of the following acts or
omissions:
1. Failure in any material respect to comply with this article or article 2 of this
chapter.
2. Violation of any rule that is adopted by the board and that pertains to the
construction of any unit or of any rule that is adopted by the board and that is
necessary to effectively carry out the intent of this article, article 2 of this chapter
or the laws of the United States or of this state.
3. Misrepresentation of a material fact by the applicant in obtaining a license.
4. Aiding or abetting an unlicensed person or knowingly combining or conspiring
with an unlicensed person to evade this article or article 2 of this chapter, or allowing
one's license to be used by an unlicensed person or acting as an agent, partner or
associate of an unlicensed person with intent to evade this article or article 2 of this
chapter.
5. Conviction of a felony.
6. The doing of a wrongful or fraudulent act by a licensee which relates to this
article or article 2 of this chapter.
7. Departure from or disregard of any code or any rule adopted by the board.
8. Failure to disclose or subsequent discovery by the office of facts which, if
known at the time of issuance of a license or the renewal of a license, would have been
grounds to deny the issuance or renewal of a license.
9. Knowingly entering into a contract with a person not duly licensed in the
required classification for work to be performed for which a license is required.
10. Acting in the capacity of a licensee under any license issued under this article
in a name other than as set forth upon the license.
11. Acting as a licensee while the license is under suspension.
12. Failure to respond relative to a verified complaint after notice of such
complaint.
13. Violation of title 28, chapter 10 or rules adopted pursuant to title 28, chapter
10, except for the licensing requirements of sections 28-4334, 28-4335, 28-4361, 28-4362,
28-4364, 28-4401 and 28-4402.
14. False, misleading or deceptive sales practices by a licensee in the sale or
offer of sale of any unit regulated by this article or article 2 of this chapter.
15. Failure to remit the consumer recovery fund fee pursuant to section 41-2189.
16. Acting as a salesperson while not employed by a dealer or broker.
17. As a salesperson, representing or attempting to represent a dealer or broker
other than by whom the salesperson is employed.
18. Failure by a salesperson to promptly place all cash, checks and other items of
value and any related documents received in connection with a sales transaction in the
care of the employing dealer or broker.
19. Failure to provide all agreed on goods and services.
20. Failure to manufacture or install in a workmanlike manner all subassemblies,
units and accessory structures which are suitable for their intended purpose.
21. Failure of the licensee to work only within the scope of the license held.
22. An action by a licensee, who is also a mobile home park owner, manager, agent or
representative, that restricts a resident's or prospective resident's access to buyers,
sellers or licensed dealers or brokers in connection with the sale of a home or the
rental of a space, that the department finds constitutes a violation of section 33-1434,
subsection B or section 33-1452, subsection E or that violates any law or regulation
relating to fair housing or credit practices.
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