Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-25 - Penalties

(1)
The State Fire Marshal may impose, by written citation after reasonable notice and opportunity for hearing in accordance with the Administrative Procedures Act, penalties for violation of this chapter as provided in this section. Appeals from imposition of such penalties shall also be governed by the Administrative Procedures Act.
(2)
A Class I offense shall be punishable by any or all of the following:
(a)
Written reprimand by the State Fire Marshal. Such reprimand shall be a part of the record of the licensee and shall be maintained by the State Fire Marshal for a period of three (3) years. During such time, the reprimand may be given consideration in taking any subsequent disciplinary action against that licensee.
(b)
Probation of licensure for not more than twelve (12) months. Such probation may include placement of restrictions on the alarm contracting activities and the license of the offender. Any subsequent offense committed during probation will make the offender subject to penalties for a Class II offense.
(c)
A fine of not more than Five Hundred Dollars ($500.00) per offense.
(3)
A Class II offense shall be punishable by any or all of the following:
(a)
Any penalty authorized for a Class I offense.
(b)
Suspension of licensure for not more than twenty-four (24) months.
(c)
A fine of not more than One Thousand Dollars ($1,000.00) per offense.
(4)
A Class III offense shall be punishable by any or all of the following:
(a)
Any penalty authorized for a Class I or Class II offense.
(b)
Revocation of licensure.
(c)
A fine of not more than Five Thousand Dollars ($5,000.00) per offense.
(5)
The State Fire Marshal may impose a separate penalty for each separate commission of an offense.
(6)
Any person who knowingly and willfully violates any of the provisions of this chapter or any rules and regulations made hereunder shall be liable to the State of Mississippi for a civil penalty of not more than Five Thousand Dollars ($5,000.00) for each such violation. Each violation of a provision of this chapter or a rule or regulation made hereunder shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed Five Hundred Thousand Dollars ($500,000.00) for any related series of violations occurring within one (1) year from the date of the first violation.
(7)
In addition to any other penalty provided in this section, an alarm contracting company, individual director, officer or agent of an alarm contracting company who knowingly and willfully fails to obtain the applicable license under this chapter and who is required to obtain such license under this chapter, and who may knowingly and willfully violate any provisions of this chapter or any rules and regulations made hereafter with respect to, including, but not limited to, the sale, lease, rent, design or planning with the intent to pre-wire, pre-wiring, installation, maintenance, repair, testing modification, improvement, alteration, inspection or servicing of an electronic protective system, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year, or both.
Laws, 2006, ch. 528, § 13, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 11, eff. 7/1/2014.