§ 17-25-510. Hearings regarding violations — Emergency suspension. [Effective July 1, 2020.]

(a) The Residential Contractors Committee may conduct hearings regarding alleged violations of this subchapter or rules promulgated thereunder, and the hearings shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. The committee shall within a reasonable time make findings and determinations as a result of the hearings.

(b) A contractor who, after notice and hearing, is found to have committed 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. (1) Acting as a contractor without having a valid license in violation of this chapter;

2. (2) Using a contractor in violation of this chapter;

3. (3) Presenting or filing the license certificate of another;

4. (4) Giving false or forged evidence of any kind to the board in obtaining a certificate of license;

5. (5) Using an expired or revoked certificate of license;

6. (6) Giving false or fraudulent evidence of a contractor’s license to another person or entity; or

7. (7) Committing other violations under this chapter.

(c) The committee may revoke the certificate of license of any contractor licensed under this subchapter who is found guilty of:

1. (1) Fraud or deceit in obtaining a license;

2. (2) Aiding or abetting a contractor or person to violate this chapter; or

3. (3) Gross negligence, incompetence, or misconduct in the contractor’s business.

(d)

1. (1) When abuse, neglect, or exploitation of an endangered person or an impaired person is found by the committee to have occurred, the committee may:

   1. (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 a license or registration; and

   2. (B) Proceed with the suspension of a license or registration without a hearing or upon any abbreviated hearing that the committee finds practicable to suspend the license or registration.

2. (2) The emergency suspension shall become effective immediately, unless otherwise stated in the written documentation by the committee.

3. (3) The emergency suspension may be effective for a period of longer than thirty (30) days and the emergency suspension shall not be renewable.

4. (4) When an emergency suspension is ordered, 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.