Title 5
Businesses and Professions

Chapter 93
Residential Solar Energy Disclosure and Homeowners Bill of Rights Act [Effective March 1, 2025.]

§ 5-93-14. Department enforcement authority — Administrative fine. [Effective March 1, 2025.]

(a) Subject to subsection (c), the department may suspend, revoke, or refuse to issue or renew a solar retailer registration or may levy an administrative penalty of no more than five thousand dollars ($5,000) per violation for:

(1) Providing incorrect, misleading, incomplete, or materially untrue information in the registration application;

(2) Obtaining or attempting to obtain a registration through fraud or misrepresentation;

(3) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence, untrustworthiness, or financial irresponsibility in this state or in another place;

(4) Having a registration, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory;

(5) Operating as a solar retailer or engaging in solar retailer activities without a current and valid registration;

(6) Operating as a solar retailer and hiring, using, or knowingly assisting a contractor who is not registered under chapter 65 of this title to perform work that requires registration under said chapter;

(7) Operating as a solar retailer and hiring, using, or knowingly assisting a person who is not licensed under chapter 6 of this title to perform work that requires a license under said chapter;

(8) Operating as a solar retailer and hiring, using, or knowingly assisting a person or company who or that is not licensed under chapter 14 of title 19 to engage in activities for which a license is required under said chapter;

(9) A solar retailer operator or any principal or sales representative thereof having been convicted of or having pled nolo contendere to an offense involving theft, embezzlement, or mishandling of funds or to a felony that is substantially related to the solar retailer registration consistent with § 28-5.1-14; or

(10) Violating any provisions of this chapter, and/or any applicable federal or state statutes, rules, regulations, or local ordinances.

(b) If the department acts to deny a registration application or renewal thereof or to suspend or revoke a registration, the department will notify the applicant or registrant, in writing, and all notices and any hearing thereon shall be conducted pursuant to chapter 35 of title 42 (“administrative procedures”).

(c) The department 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.

(d) The department may investigate the activities of any person engaged in the solar industry to determine compliance with this chapter.

(e) Records required by this chapter, including any other documents or materials presented to a customer prior to their execution of a solar agreement, shall be maintained and preserved for a period of seven (7) years from the date thereof and shall be open for inspection by any authorized representative of the department during regular business hours, by any employee of the office of the attorney general, and by any state or municipal official or police officer.

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