§59-1000.9. Orders requiring compliance with standards and rules -
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Penalty.
A. In addition to any other remedies provided for by law, the Construction Industries Board may issue a written order to any person or entity whom the Board has reason to believe is in violation of, or has violated, any law which the Board has authority to enforce or the standards or rules promulgated by the Board, and to whom the Board has served, no less than fifteen
(15)days previously, a written notice of violation. The fifteen-day notice period may be reduced as, in the opinion of the Board, may be necessary to render the order reasonably effectual.
B. The written order may require immediate compliance with the law or the standards or rules promulgated by the Board, or within a specified time period, or both. The order may also assess an administrative fine for each day or part of a day that such person fails to comply with the order.
C. Any order issued pursuant to this section shall state with specificity the nature of the violation. Any penalty assessed in the order shall not exceed One Thousand Dollars ($1,000.00) per day of noncompliance with the order. In assessing such penalty, the Board shall consider the seriousness of the violation and any efforts to comply with applicable requirements.
D. Any order issued pursuant to the provisions of this section shall become a final order unless, no later than fifteen
(15)days after the order is served, the person or persons named therein request an administrative hearing. Upon such request, the Board shall promptly conduct a hearing. The Board may dismiss such proceedings when compliance with the order is demonstrated and all assessed fines, whether negotiated or not, are paid. A final order following a hearing determining a violation occurred shall assess an administrative fine based upon consideration of the evidence and as allowed by law or rule.
E. Such orders and hearings are subject to the Administrative Procedures Act. Added by Laws 2003, c. 318, § 6, eff. Nov. 1, 2003. Amended by Laws 2013, c. 332, § 8.