(1) Any person, firm, association, or corporation which violates any of the provisions of sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation promulgated by the administrator pursuant to this part 12 may be punished upon a finding of such violation by the administrator as follows:
In any first administrative proceeding against a licensee, a fine of not less than onehundred dollars nor more than one thousand dollars;
In any subsequent administrative proceeding against a licensee for transactions occurring after a final agency action determining that any violation of sections 24-33.5-1206.1 to 24-33.5-1206.3 or any rule or regulation of the administrator has occurred, a fine of not less than one thousand dollars nor more than ten thousand dollars.
(2) In addition to the penalties provided in subsection (1) of this section, the administrator may withhold, deny, suspend, or revoke the registration or certification of any registered fire suppression contractor or certified fire safety inspector or applicant therefor if the administrator finds, upon proof, that any such person has committed any of the following:
Fraud or material deception in the obtaining or renewing of a registration;
Professional incompetence as manifested by poor, faulty, or dangerous workmanship;
Engaging in conduct that is likely to deceive, defraud, or harm the public in thecourse of professional services or activities;
Performing any services in a negligent manner or permitting any of his agents oremployees to perform services in a grossly negligent manner, regardless of whether actual damage or damages to the public is established;
Directly or indirectly, willfully receiving compensation for any professional servicesnot actually rendered;
Failing to comply with any provision of this part 12 or the standards or rules promulgated by the administrator pursuant thereto;
Contracting or assisting unregistered persons to perform services for which registration is required under this part 12.
All fines imposed by the administrator pursuant to this section shall be credited to thegeneral fund.
A person acting as a fire suppression contractor may not bring any legal action tocollect compensation due for performing any act for which registration is required pursuant to section 24-33.5-1206.1 unless such contractor alleges and proves that he was duly registered under said section at the time the alleged cause of action arose.
(a) Any person who provides testimony with respect to a disciplinary matter and any person who lodges a complaint pursuant to this section shall be immune from liability in any civil action brought against such person for acts occurring while acting in his or her capacity as a witness or complainant.
(b) The immunity provided in paragraph (a) of this subsection (5) shall apply to a person only if the person made a reasonable effort to obtain the facts of the matter and acted in the reasonable belief that the action taken was warranted by the facts.
(6) (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the administrator, does not warrant formal action but that should not be dismissed as being without merit, the administrator may issue a letter of admonition by certified mail to the fire suppression contractor or inspector.
(b) The letter of admonition shall notify the fire suppression contractor or inspector of the right to request in writing, within twenty days after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request for adjudication is timely made, the letter of admonition shall be deemed vacated and the matter shall be processed by means of formal disciplinary proceedings.
Source: L. 90: Entire section added, p. 1216, § 2, effective May 18. L. 98: (5) added, p. 640, § 3, effective July 1. L. 2005: (2)(c) and (3) amended and (6) added, p. 247, § 5, effective July 1.
Editor's note: Section 24-33.5-1209 (2) provides for the repeal of this section, effective September 1, 2026.