Rhode Island Code of Regulations
Title 440 - Contractors' Registration and Licensing Board
Chapter 10 - General Administration, Registration, Licensing, and Filing Claims
Subchapter 00 - N/A
Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings
Section 440-RICR-10-00-1.12 - Violations

Universal Citation: 440 RI Code of Rules 10 00 1.12

Current through September 18, 2024

1.12.1 Authority

A. In accordance with R.I. Gen. Laws Chapters 5-65, 5-65.1, 5-65.2, 5-65.3, 5-73, and this Subchapter, investigative members of the Board may issue violations to registrants/licensees, or those required to be registered/licensed with the Board, for violations of statute, or any Part of this Subchapter.

B. The Board may also immediately suspend or revoke any registration or license for just cause when the registrant/licensee is acting to the detriment of the health, welfare and safety of the general public. Under this provision revocation and suspension may be extended beyond the initial thirty (30) days after the opportunity for an administrative hearing has occurred.

1.12.2 Procedure for Investigating and Processing Violations

A. Notices of Violation shall be issued for, but are not limited to, the following conduct:

1. Court judgment against a contractor;

2. Claims;

3. Disciplinary action;

4. Lack of insurance policy/coverage;

5. Lack of workers" compensation coverage;

6. Lack of minimum bond or proof of bonding capacity;

7. Improper advertising;

8. Hiring non-registered/non-licensed contractor(s) or subcontractor(s);

9. No registration/license number on contract;

10. No registration/license number in advertisement;

11. No mechanics" lien release form/notice provided in contract;

12. No right of rescission clause;

13. Action filed by entity such as building official, municipality, another agency, etc.;

14. Failure to list employee(s);

15. Violation of State Building Code;

16. Violation of rule, regulation or order of the Board;

17. Working under an invalid, revoked, or suspended registration/license;

18. Registrant/licensee engaged in conduct dishonest or fraudulent conduct;

19. Working under another person's registration/license number;

20. Lien filed whereby registrant/licensee wrongfully failed to perform a contractual duty to pay person claiming lien;

21. Registrant/licensee made false statements on application or to investigative staff;

22. Engaged in any act, conduct, or practice which violates this Subchapter;

23. Knowingly making a false or fraudulent statement on an application;

24. Failure to provide list of sub-contractors or employees;

25. Failure to comply with the disclosure requirements; and/or

26. Failure to comply with the educational requirements.

1.12.3 Notice of Violation

A. When a violation occurs, a written Notice of Violation shall be issued to the Registrant/Licensee in accordance with R.I. Gen. Law §5-65-6.

B. The Notice of Violation shall contain:

1. The identifying information of the respondent;

2. The grounds for issuance;

3. The fine amount and due date of payment; and

4. The respondent's right to appeal.

1.12.4 Fines/Penalties

A. Monetary fines and administrative penalties shall be imposed in accordance with R.I. Gen. Laws Chapter 5-65.

B. In determining the appropriate fine(s) and/or penalties to impose, the Board shall look to past precedence of the Board for guidance and may consider any mitigating or aggravating circumstances as known to the Board at the time of the determination. Such circumstances may include, but are not limited to the following:

1. The presence of lack of past violations;

2. The Respondent's acceptance of responsibility and candor with the Board;

3. The egregiousness of the violation; and/or

4. Harm to the public.

C. Any fines assessed against the respondent are due and payable upon the issuance of the Notice of Violation(s), unless otherwise agreed to by the Board. The Board may initiate its own collection proceedings and actions pursuant to applicable law. Interest may be assessed on the amount due in the final order in accordance with applicable law

D. For matters that are appealed pursuant to §§ 1.13.1 and 1.13.2 of this Part, the Hearing Officer and/or the Board may address, modify, and/or impose fines for additional violations or matters based on the evidence presented.

1.12.5 Court Judgements/Arbitration Awards - Effect on Registration/License

A. A judgment/award issued by a forum other than the Board may serve as the basis for disciplinary action against a registrant/licensee.

B. The judgment/award must be provided to the Board within ninety (90) days of entry in its original forum. Upon receipt of a timely filed court judgment/arbitration award, the Board may issue a notice of hearing and schedule an administrative hearing to take action against the registrant/licensee, utilizing the judgment/award as the basis for such action.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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