Ala. Admin. Code r. 355-17-1-.21

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-17-1-.21 - 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 Division of Construction Management;

(c) Upon a finding that any of the insurance coverages required in Rule 355-17-1-.06 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.

Ala. Admin. Code r. 355-17-1-.21

New Rule: Filed September 23, 2002; effective October 28, 2002. Amended: Filed July 31, 2019; effective September 14, 2019.

Previous Rule .17 was renumbered to .21 per certification filed July 31, 2019; effective September 14, 2019.

Author: Frank Barnes

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