2014 -- S 2410

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LC004640

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PLUMBERS AND IRRIGATORS

     Introduced By: Senators Gallo, Lynch, and Ruggerio

     Date Introduced: February 27, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-20-33 of the General Laws in Chapter 5-20 entitled "Plumbers

and Irrigators" is hereby amended to read as follows:

     5-20-33. Penalties for violations. -- Any person violating any provision of this chapter

shall be subject to the penalties as follows: any person, firm, or corporation, licensed or

unlicensed by the department of labor and training, division of professional regulation shall be

subject to a fine of five hundred dollars ($500) one thousand five hundred dollars ($1,500) for a

first offense, and for second and subsequent violations of this chapter, shall be subject to a fine of

not less than nine hundred fifty dollars ($950) two thousand dollars ($2,000).

     SECTION 2. Section 28-27-24 of the General Laws in Chapter 28-27 entitled

"Mechanical Trades" is hereby amended to read as follows:

     28-27-24. Recommendations of board -- Order of the director -- Appeal. -- (a) The

board, upon the completion of any hearing held on a verified complaint, shall present to the

director of labor and training a written report of its findings and recommendations. The director

shall then order that the license of the licensee charged shall be revoked or suspended, or impose

a fine of five hundred dollars ($500) one thousand five hundred dollars ($1,500) for a first

violation and nine hundred fifty dollars ($950) two thousand dollars ($2,000) for any subsequent

violation within one year of the first violation: or that the complaint shall be dismissed in

accordance with the recommendations. A copy of the order shall be immediately served upon the

licensee and/or violator personally or by registered or certified mail. The order of the board is

final unless the licensee and/or violator so charged or complainant within twenty (20) days after

receipt of the order files an appeal with the director. The appeal will be determined by the

administrator of the division or his or her designee. The director may accept or reject, in whole or

in part, the recommended order of the board. The order of the director shall be final, and a copy

of it shall be immediately served upon the person, firm, or corporation assessed.

      (b) The division is considered a person for the purpose of this section.

      (c) The chief of the section shall act as an investigator with respect to the enforcement of

all the provisions of law relative to the licensing of pipefitting, refrigeration, sprinkler fitting and

sheet metal and to this effect whenever a complaint is made by the chief of the section to the

department of labor and training director, or designee, that the provisions of this chapter are being

violated, the director of the department of labor and training, or designee, may issue an order to

cease and desist from that violation and may impose the above penalties against the violator and

against the contractor.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PLUMBERS AND IRRIGATORS

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     This act would change the penalties for a first violation from five hundred dollars ($500)

to one thousand five hundred dollars ($1,500) and for a second violation from nine hundred fifty

dollars ($950) to two thousand dollars ($2,000). Also, this act would change the

recommendations of an appeal by the Board from five hundred dollars ($500) to one thousand

five hundred dollars ($1,500) for a first violation and from nine hundred fifty dollars ($950) to

two thousand dollars ($2,000) for any subsequent violations within a year.

     This act would take effect upon passage.

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