32-1166.01. Citation; civil penalties

A. In conjunction with the registrar's authority to issue a cease and desist order under section 32-1166, subsection A, the registrar may issue a citation for contracting practicing or transacting that constitutes a violation of any of the following:

1. This chapter.

2. A rule adopted by the registrar.

3. An order issued by the registrar.

B. A citation issued pursuant to this section shall:

1. Be in writing.

2. Clearly describe the violation for which the citation was issued.

3. Contain an order to cease and desist.

4. Contain a civil penalty of at least $200 for each violation but not more than $2,500 for multiple violations committed on the same day.

C. Each violation of this chapter or a rule or order of the registrar by a person who is required to be licensed by this chapter and who does not possess the required license constitutes a separate offense and the registrar may impose a civil penalty not to exceed $2,500 for each violation except that the civil penalty may not exceed $2,500 for all violations committed on the same day.

D. The registrar shall issue a citation under this section within one hundred and eighty days after actual discovery of the offense by this state or the political subdivision having jurisdiction. Service of the citation is fully effected by personal service or by mailing a true copy of the citation by certified mail in a sealed envelope with postage prepaid and addressed to either:

1. The person's last known business address.

2. The person's residential address.

E. The registrar may issue citations containing orders to cease and desist and civil penalties against persons who have never been licensed under this chapter who are acting in the capacity of or engaging in the business of a contractor in this state.

F. If the registrar issues a citation against a person and the person fails to comply with the cease and desist order and citation, the registrar may assess an additional civil penalty of up to $2,500 for each day the violation continues.

G. The registrar may adopt rules relating to the civil penalty that give due consideration to the gravity of the violation and any history of previous violations.

H. The penalties authorized under this section are separate from, and in addition to, all other remedies provided by law, either civil or criminal.

I. The registrar shall deposit, pursuant to sections 35-146 and 35-147, all monies collected from civil penalties under this section in the state general fund.