A. The State Fire Marshal, on recommendation of the Fire Extinguisher Industry Committee, may suspend any license, upon the conviction of any individual named on the license or on the application for license of a felony, for a period not to exceed thirty (30) days pending a full investigation by the Committee. The investigation shall be initiated within the thirty-day period of suspension. A final determination by the Committee shall result in either removal of the suspension or such sanction as the State Fire Marshal considers appropriate, as provided by the Fire Extinguisher Licensing Act.
B. The State Fire Marshal may revoke or suspend any license, reprimand any licensee or deny any application for license or renewal if, in the judgment of the Committee:
1. The applicant or licensee has violated any provision of the Fire Extinguisher Licensing Act or any rule promulgated under the Fire Extinguisher Licensing Act;
2. The applicant or licensee has practiced fraud, deceit, or misrepresentation;
3. The applicant or licensee has made a material misstatement in any information required by the State Fire Marshal Commission; or
4. The applicant or licensee has demonstrated incompetence or untrustworthiness in his or her actions.
C. The Committee shall, before final action under subsection B of this section, provide thirty (30) days of written notice to the applicant or licensee involved in the action intended and give sufficient opportunity for the person to request a hearing before the Committee and the State Fire Marshal and to be represented by an attorney. A hearing shall be scheduled by the Committee upon request by the applicant or licensee.
D. In the event the State Fire Marshal denies the application for, or revokes or suspends, any license or imposes any reprimand, a record of such action shall be in writing and officially signed by the State Fire Marshal. The original copy shall be filed with the State Fire Marshal Commission and a copy mailed to the affected applicant or licensee within two (2) days of the final action taken by the State Fire Marshal.
E. Notice of the suspension or revocation of any license by the State Fire Marshal shall be sent by the Committee to law enforcement agencies and fire departments in the principal areas of operation of the licensee.
F. A suspended license shall be subject to expiration and may be renewed as provided by the Fire Extinguisher Licensing Act, regardless of suspension; provided, the renewal shall not remove the suspension.
G. A revoked license terminates on the date of revocation and cannot be reinstated; provided, the State Fire Marshal may reverse the revocation action. Any licensee whose license is revoked shall apply for a new license and meet all requirements for a license as stated in the Fire Extinguisher Licensing Act prior to engaging in any fire extinguisher industry business activities. The Committee and the State Fire Marshal shall take action on the new application and may require additional safeguards against such acts by the applicant as may have been the cause of the revocation of the prior license.
Added by Laws 2007, c. 188, § 16, eff. Nov. 1, 2007. Amended by Laws 2013, c. 111, § 12, eff. Nov. 1, 2013.