Title 39
Public Utilities and Carriers

Chapter 26.8
Residential Solar Energy Disclosure and Homeowners Bill of Rights Act

§ 39-26.8-11. Division enforcement authority — Administrative fine.

(a) Subject to subsection (b) of this section, the division may enforce the provisions of this chapter by:

(1) Conducting an investigation into an alleged violation of this chapter;

(2) Issuing a cease-and-desist order against a further violation of this chapter; and

(3) Imposing an administrative fine of no more than two thousand five hundred dollars ($2,500) per solar agreement on a solar retailer that:

(i) Materially fails to comply with the disclosure requirements of this chapter; or

(ii) Violates any other provision of this chapter, if the division finds that the violation is a willful or intentional attempt to mislead or deceive a customer.

(b) The division may not commence any enforcement action under this section more than four (4) years after the date of execution of the solar agreement with respect to which a violation is alleged to have occurred.

(c) The division shall distribute an administrative fine collected under subsection (a)(3) of this section to a customer adversely affected by the solar retailer’s failure or violation resulting in a fine under subsection (a)(3) of this section, after the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.

(d) Nothing in this chapter may be construed to affect a remedy a customer has independent of this chapter; or the division’s ability or authority to enforce any other law or regulation.