Chapter 432
2017 -- H 6293
Enacted 10/05/2017

A N   A C T
RELATING TO BUSINESSES AND PROFESSIONS - ELECTRICIANS - TRADES LICENSING - PENALTY FOR VIOLATIONS

Introduced By: Representatives Cunha, Maldonado, Shanley, Barros, and Solomon
Date Introduced: June 08, 2017

It is enacted by the General Assembly as follows:
     SECTION 1. Section 5-6-32 of the General Laws in Chapter 5-6 entitled "Electricians" is
hereby amended to read as follows:
     5-6-32. Authority of director to assess penalty.
     (a) The director may assess an administrative penalty on any person, firm, or corporation
for any violation of the provisions of this chapter, after notice and a hearing, before and upon the
recommendation of the board of examiners of electricians in the amount of five hundred dollars
($500) for the first violation and nine hundred fifty dollars ($950) for a subsequent violation.
Each individual person acting in violation of the provisions of this chapter shall constitute a
separate offense to any person, firm, or corporation assessed a penalty under this section. All
funds collected by the labor and training department under this section shall be placed in the
restricted receipts account created pursuant to ยง 28-22-1.1. This section is in addition to any other
action provided by law for violations of this chapter.
     (b) 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 electricians and, to this effect, whenever a
complaint is made by the chief of the section to the director of the department of labor and
training, or his or her designee, that the provisions of this chapter are being violated, the director
of the department of labor and training, or his or her 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 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 one thousand five hundred dollars ($1,500) for a first violation and
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. Each individual person acting in violation of the provisions of this chapter
shall constitute a separate offense to any violator and/or contractor assessed a penalty under this
section.
     SECTION 3. Section 5-20-33 of the General Laws in Chapter 5-20 entitled "Plumbers,
Irrigators, and Water System Installers" 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 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 two thousand dollars ($2,000). Each individual
person acting in violation of the provisions of this chapter shall constitute a separate offense to
any person, firm, or corporation assessed a penalty under this section.
     SECTION 4. Section 5-70-22 of the General Laws in Chapter 5-70 entitled
"Telecommunications" is hereby amended to read as follows:
     5-70-22. Authority of director to assess penalty.
     (a) The director may assess an administrative penalty on any person, firm, or corporation
for any violation of the provisions of this chapter, after notice and hearing, before and upon the
recommendation of the board of examination and licensing of telecommunications system
contractors, technicians and installers in the amount of not more than five hundred dollars ($500)
for the first offense and not less than five hundred dollars ($500) nor more than one thousand
dollars ($1000) for each subsequent offense; provided, that the director of labor and training may
revoke any telecommunication license for a failure to pay any fine recommended by the board
and approved by the director of labor and training within thirty (30) days. Each individual person
acting in violation of the provisions of this chapter shall constitute a separate offense to any
person, firm, or corporation assessed a penalty under this section.
     (b) A copy of the order shall be immediately served upon the licensee personally or by
registered or certified mail. The order of the board shall be final unless the licensee so charged or
complainant shall within twenty (20) days after receipt of the order file with the director of labor
and training an appeal. The appeal will be determined by the director 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, subject to review by the courts under the Aadministrative
Pprocedures Aact, chapter 35 of title 42, and a copy of the order shall be immediately served
upon the person, firm, or corporation assessed.
     SECTION 5. This act shall take effect upon passage.
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LC002836
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