2016 -- H 7836

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LC004992

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - ELECTRICIANS - TRADES

LICENSING - PENALTY FOR VIOLATIONS

     

     Introduced By: Representatives Morin, Edwards, Carnevale, Shekarchi, and Casey

     Date Introduced: March 03, 2016

     Referred To: House Labor

     (Labor & Training)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-6-32 of the General Laws in Chapter 5-6 entitled "Electricians" is

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hereby amended to read as follows:

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     5-6-32. Authority of director to assess penalty. -- (a) The director may assess an

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administrative penalty on any person, firm, or corporation for any violation of the provisions of

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this chapter, after notice and a hearing, before and upon the recommendation of the board of

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examiners of electricians in the amount of five hundred dollars ($500) for the first violation and

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nine hundred fifty dollars ($950) for a subsequent violation. Each individual person acting in

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violation of the provisions of this chapter shall constitute a separate offense to any person, firm,

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or corporation assessed a penalty under this section. All funds collected by the labor and training

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department under this section shall be placed in the restricted receipts account created pursuant to

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ยง 28-22-1.1. This section is in addition to any other action provided by law for violations of this

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chapter.

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

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all the provisions of law relative to the licensing of electricians and, to this effect, whenever a

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complaint is made by the chief of the section to the director of the department of labor and

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training or his or her designee that the provisions of this chapter are being violated, the director of

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the department of labor and training or his or her designee may issue an order to cease and desist

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

 

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contractor.

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

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

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

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

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

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

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

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($2,000) for any subsequent violation within one year of the first violation, or that the complaint

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shall be dismissed in accordance with the recommendations. A copy of the order shall be

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immediately served upon the licensee and/or violator personally or by registered or certified mail.

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The order of the board is final unless the licensee and/or violator so charged or complainant

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within twenty (20) days after receipt of the order files an appeal with the director. The appeal will

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be determined by the administrator of the division or his or her designee. The director may accept

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or reject, in whole or in part, the recommended order of the board. The order of the director shall

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be final, and a copy of it shall be immediately served upon the person, firm, or corporation

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assessed.

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

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

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

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

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

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

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

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against the contractor. Each individual person acting in violation of the provisions of this chapter

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shall constitute a separate offense to any violator and/or contractor assessed a penalty under this

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section.

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     SECTION 3. Section 5-20-33 of the General Laws in Chapter 5-20 entitled "Plumbers

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and Irrigators" is hereby amended to read as follows:

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

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

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

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

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and subsequent violations of this chapter, shall be subject to a fine of not less than two thousand

 

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dollars ($2,000). Each individual person acting in violation of the provisions of this chapter shall

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constitute a separate offense to any person, firm, or corporation assessed a penalty under this

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section.

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     SECTION 4. Section 5-70-22 of the General Laws in Chapter 5-70 entitled

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"Telecommunications" is hereby amended to read as follows:

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     5-70-22. Authority of director to assess penalty. -- (a) The director may assess an

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administrative penalty on any person, firm or corporation for any violation of the provisions of

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this chapter, after notice and hearing, before and upon the recommendation of the board of

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examination of telecommunication system contractors, technicians and installers in the amount of

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not more than five hundred dollars ($500) for the first offense and not less than five hundred

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dollars ($500) nor more than one thousand dollars ($1000) for each subsequent offense; provided,

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that the director of labor and training may revoke any telecommunication license for a failure to

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pay any fine recommended by the board and approved by the director of labor and training within

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thirty (30) days. Each individual person acting in violation of the provisions of this chapter shall

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constitute a separate offense to any person, firm, or corporation assessed a penalty under this

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section.

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      (b) A copy of the order shall be immediately served upon the licensee personally or by

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registered or certified mail. The order of the board shall be final unless the licensee so charged or

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complainant shall within twenty (20) days after receipt of the order file with the director of labor

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and training an appeal. The appeal will be determined by the director or his or her designee. The

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director may accept or reject, in whole or in part, the recommended order of the board. The order

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of the director shall be final, subject to review by the courts under the Administrative Procedures

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Act, chapter 35 of title 42, and a copy of the order shall be immediately served upon the person,

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firm or corporation assessed.

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     SECTION 5. 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 - ELECTRICIANS - TRADES

LICENSING - PENALTY FOR VIOLATIONS

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     This act would establish that each individual acting in violation of the chapters governing

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electricians, mechanical trades, plumbers and telecommunications workers shall constitute a

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separate offense to any person, firm, contractor, or corporation that is found to be in violation of

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these chapters.

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     This act would take effect upon passage.

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