Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 6 - ROOFING CONTRACTOR REGISTRATION CERTIFICATE (§§ 17-25-601 — 17-25-611) › Section 17-25-607 - Hearings regarding violations

(a)
The Residential Contractors Committee may conduct hearings regarding alleged violations of this subchapter or rules promulgated under this subchapter, and the hearings shall be conducted in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
The committee shall within a reasonable time make findings and determinations as a result of the hearings.
(c)
A roofing contractor that, after notice and hearing, is found to have committed one (1) or more of the following actions shall pay to the Contractors Licensing Board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) for each day that the violation occurred:
(1)
Acting as a roofing contractor without having a valid roofing contractor registration certificate in violation of this subchapter;
(2)
Using a roofing contractor in violation of this subchapter;
(3)
Presenting or filing a roofing contractor registration certificate of another roofing contractor;
(4)
Giving false or forged evidence to the board in order to obtain a roofing contractor registration certificate;
(5)
Using an expired or revoked roofing contractor registration certificate;
(6)
Giving false or fraudulent evidence of a roofing contractor's roofing contractor registration certificate to another person; or
(7)
Committing other violations under this subchapter.
(d)
The committee may revoke the roofing contractor registration certificate of a roofing contractor that is found guilty of:
(1)
Fraud or deceit in obtaining a roofing contractor registration certificate;
(2)
Aiding or abetting a roofing contractor or other person to violate this subchapter;
(3)
Gross negligence, incompetence, or misconduct in the roofing contractor's business;
(4)
Abandoning a roofing contract without legal grounds after a consideration in payment has been tendered;
(5)
Mishandling funds or property entrusted to the roofing contractor;
(6)
Engaging in fraudulent or deceptive acts or practices;
(7)
Misrepresenting products, services, or qualifications;
(8)
Engaging in roofing services without obtaining a proper permit as may be required by a local authority; or
(9)
Damaging or injuring a person or property while performing roofing services under a valid roofing contractor registration certificate for which the roofing contractor's liability insurance, workers' compensation coverage, or other method of remuneration for injuries does not make the injured party whole.
(e)
(1)
When abuse, neglect, or exploitation of an endangered person or an impaired person by a roofing contractor is found by the committee to have occurred, the committee may:
(A)
State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of the roofing contractor registration certificate of the roofing contractor; and
(B)
Proceed with the suspension of the roofing contractor registration certificate without a hearing or upon an abbreviated hearing that the committee finds practicable to suspend the roofing contractor registration certificate.
(2)
An emergency suspension under this subsection shall be effective immediately, unless otherwise stated in the written documentation by the committee.
(3)
An emergency suspension under this subsection may be effective for a period of more than thirty (30) days, and the emergency suspension shall not be renewable.
(4)
When an emergency suspension is ordered under this subsection, a formal suspension or revocation proceeding shall be promptly instituted and acted upon in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.