§436B-27  Civil and criminal sanctions for
unlicensed activity; fines; injunctive relief; damages; forfeiture.  (a) 
Any licensee aiding or abetting an unlicensed person to directly or indirectly
evade this chapter or the applicable licensing laws, or combining or conspiring
with an unlicensed person, or permitting one's license to be used by an
unlicensed person, or acting as agent, partner, associate, or otherwise, of an
unlicensed person with the intent to evade this chapter or the applicable
licensing laws may be fined up to $1,000 for the first offense; up to $2,000
or, if applicable, forty per cent of the total contract price, whichever is
greater, for the second offense; and up to $5,000 or, if applicable, forty per
cent of the total contract price, whichever is greater, for any subsequent
offense.  For purposes of this section, "contract price" means the
total monetary consideration offered by the consumer for the provision of goods
and services.



(b)  Any person, who engages in an activity
requiring a license issued by the licensing authority and who fails to obtain
the required license, or who uses any word, title, or representation to induce
the false belief that the person is licensed to engage in the activity, other
than a circumstance of first instance involving the inadvertent failure to
renew a previously existing license, shall be guilty of a misdemeanor and be
subject to a fine of not more $1,000 or imprisoned not more than one year, or
both, and each day's violation shall be deemed a separate offense.



(c)  The department, licensing authority, or
any person may maintain a suit to enjoin the performance or the continuance of
any act or acts by a person acting without a license where a license is
required by law, and if injured thereby, for the recovery of damages.  The
department may also seek the imposition of fines provided by subsection (a). 
The plaintiff or petitioner in a suit for an injunction need not allege or
prove actual damages to prevail.  Reasonable attorney fees and costs shall be
allowed by the court to the plaintiff or petitioner as the prevailing party.



(d)  All tools, implements, armamentariums,
documents, materials, or any other property used by any person to provide
professional or vocational services without a license required by law shall be
declared forfeited to the State by the court and turned over to the department
for disposition as it deems appropriate. [L 1991, c 111, pt of §2; am L 1992, c
202, §21]