Ala. Admin. Code r. 170-X-24-.17

Current through Register Vol. 42, No. 12, September 30, 2024

Section 170-X-24-.17 - Discipline

(1) Revocation and suspension of license and imposition of administrative fines. The Director may revoke or suspend the respondent's license and may impose and collect administrative fines not to exceed $3,000 per violation of the Act or these rules:

(a) Upon a finding that the respondent has provided false information in an application;

(b) Upon a finding that respondent has violated the applicable Standards of Practice or Code of Ethics promulgated by the Building Commission;

(c) Upon a finding that any of the insurance coverages required in Rule 170-X-24-.05 has ceased to be effective; or

(d) Upon a finding by the Director that the respondent has failed to comply with any requirement of the Act or these rules.

(2) Considerations. In determining whether a license should be revoked or suspended and the imposition of any fines, the Director shall consider all the relevant factors, including, but not limited to, the following:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) The length of time since the date of violation;

(e) The number of complaints filed against licensee;

(f) The licensee's experience;

(g) The actual damage, physical or otherwise;

(h) The deterrent effect of the penalty imposed; and

(i) Any other mitigating or aggravating circumstances.

(3) Surrender of License. Upon the Director's revocation or suspension of a license, the licensee promptly shall surrender to the Director the license certificate issued to the licensee.

Author: Kippy Tate

Ala. Admin. Code r. 170-X-24-.17

New Rule: Filed September 23, 2002; effective October 28, 2002.

Statutory Authority:Code of Ala. 1975, §§ 34-14B-1, et seq.; 41-9-140, et seq.