§444-10.5  Citation for unlicensed activity. 
(a)  In addition to any other remedy available, the investigator may issue
citations to persons acting in the capacity of or engaging in the business of a
contractor within the State, without having a license previously obtained under
and in compliance with this chapter and the rules promulgated thereunder.  If
the investigator determines that a person is acting in the capacity of, or
engaging in the business of, a contractor within this State without having a license
to so act or engage, the investigator may issue a citation to such person.



(b)  Each citation shall be in writing and
shall describe the basis of the citation, including the specific statutory
provisions alleged to have been violated, and shall contain an order to cease
and desist from the violation, and an assessment of civil penalties as provided
in section 444-23.  The citation shall also include notice of the sanctions for
violating the cease and desist order.  All penalties collected under this
section shall be deposited in the special fund established under section 26-9.



(c)  Service of a citation issued under this
section shall be made by personal service whenever possible, or by certified
mail, restricted delivery, sent to the last known business or residence address
of the person cited.



(d)  Any person served with a citation under
this section may submit a written request to the director for a hearing, within
twenty days from the receipt of the citation, with respect to the violations
alleged, the scope of the order to cease and desist, and the amount of the
civil penalties assessed.



(e)  If the person cited under this section
timely notifies the director of the request for a hearing, the director shall
afford an opportunity for a hearing under chapter 91.  The hearing shall be
conducted by the director or the director may designate a hearings officer to
hold the hearing.  The director or any hearings officer designated by the
director shall have the power to issue subpoenas, administer oaths, hear
testimony, find facts, and make conclusions of law and issue a final order.



(f)  If the person cited under this section
does not submit a written request to the director for a hearing within twenty
days from the receipt of the citation, the citation shall be deemed a final
order of the director.



(g)  The director may apply to the appropriate
court for a judgment to enforce the provisions of any final order issued by the
director or designated hearings officer pursuant to this section, including the
provisions to cease and desist and for civil penalties imposed.  In any
proceeding to enforce the provisions of the final order of the director or
designated hearings officer, the director need only show that notice was given,
a hearing was held or the time granted for requesting a hearing has run without
such a request, and a certified copy of the final order of the director or
designated hearings officer.



(h)  If any party is aggrieved by the decision
of the director or the designated hearings officer, the party may appeal in the
manner provided in chapter 91 to the circuit court of the circuit in which the
party resides or has the party's principal place of business or in which the
action in question occurred; provided that the operation of a cease and desist
order shall not be stayed on appeal unless specifically ordered by a court of
competent jurisdiction after applying the stay criteria enumerated in section
91-14(c).



(i)  The sanctions and disposition authorized
under this section shall be separate from and in addition to all other remedies
either civil or criminal provided in any other applicable statutory provision. 
The director may adopt rules under chapter 91 as may be necessary to fully
effectuate this section.



(j)  The director may apply to the appropriate
court for injunctive or any other relief the court deems appropriate, including
a fine of not less than $10,000 for each offense, against any person who
violates a cease and desist order.  Each day's violation or failure to comply
with a cease and desist order shall be deemed a separate offense.  The
allegations in the citation shall be deemed conclusively established for
purposes of a proceeding for permanent or temporary relief to enforce the cease
and desist order. [L 1984, c 98, §2; gen ch 1985; am L 2005, c 230, §1]



 



Cross References



 



  Unlicensed contracting in door-to-door sales, see §481C-2.5.