Ala. Admin. Code r. 465-X-5-.07

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

Section 465-X-5-.07 - Discipline

(1)Revocation and Suspension of License and Imposition of Administrative Fines. The Board may revoke or suspend the respondent's license, may require the successful completion of builder education course(s), and may levy and collect administrative fines not to exceed $5,000 per violation of the Act or these rules:

(a) upon a finding by the Board or a court of competent jurisdiction that respondent has committed fraud or deceit in obtaining a license or has been guilty of gross negligence, incompetence, or misconduct in the practice of residential home building, or has violated the standards of practice;

(b) upon the Board's payment of any amount out of the Homeowners' Recovery Fund on behalf of the respondent; in this instance, the Board shall revoke the respondent's license;

(c) upon a finding by the Board that, in the case of a partnership, corporate, or limited liability company licensee, the licensee's designated qualifying representative has ceased to be a general partner, officer, member (in the case of a member-managed limited liability company) or manager (in the case of a manager-managed limited liability company) of the licensee and no other general partner, officer, member (in the case of a member-managed limited liability company) or manager (in the case of a manager-managed limited liability company) has been designated to the Board as the licensee's successor qualifying representative within 45 days after the original designated qualifying representative ceased to serve in that capacity.

(d) upon a finding of the Board that the licensee provided false documentation reflecting the completion of continuing education credits.

(e) upon a finding by the Board that a licensee has failed to notify the Board in writing, by certified mail, as required by the Act and these rules, of any of the following:

1. The institution of any felony criminal prosecution against him or her, including a copy of any indictment or information making the charges.

2. In any criminal action, the rendering of any final verdict or the dismissal of any charges against him or her, including a copy of the Court order or other document giving the licensee such notice.

(f) upon a finding by the Board that the licensee has failed to use a valid written contract when engaging in the business of residential home building.

(g) upon a finding by the Board that the licensee has engaged in the business of residential home building outside or beyond the scope of the license.

(h) upon a finding by the Board that the licensee has failed to comply with any requirement of the Act or these rules.

(i) upon a finding by the Board that the licensee has failed to maintain the required bond.

(2)Stay of execution of order. The Board may, in its discretion, permanently or temporarily stay the execution of its order to revoke or suspend the respondent's license; provided, however, the Board shall not stay the execution of its revocation order if the respondent has failed to repay any amount paid on the respondent's behalf out of the Homeowners' Recovery Fund. The stay may be conditioned on any provision the Board deems appropriate under all the circumstances of a particular case.

(3)Considerations. In determining whether a license should be revoked or suspended and whether execution of a revocation or suspension order should be stayed, and if so, under what conditions, the Board 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 the licensee;

(f) The licensee's experience;

(g) The actual damage, physical or otherwise, to the complainant;

(h) The deterrent effect of the penalty imposed

(i) Any efforts at rehabilitation; and

(j) Any other mitigating or aggravating circumstances.

(4)Surrender of License. Upon the Board's revocation or suspension of a license, the licensee promptly shall surrender to the Board the license card issued to the licensee.

Ala. Admin. Code r. 465-X-5-.07

Filed: March 22, 1993. New Rule: Filed: May 12, 1993, effective June 16, 1993. Emergency Amended: Filed June 20, 1994. Amended: Filed September 23, 1994; effective October 28, 1994. Amended: Filed January 28, 1998; effective March 4, 1998. Amended: Filed November 2, 2001; effective December 7, 2001. Amended: Filed May 6, 2002; effective June 10, 2002. Amended: Filed August 4, 2006; effective September 8, 2006. Amended: Filed October 6, 2008; effective November 10, 2008. Amended: Filed August 25, 2011; effective September 29, 2011.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/11/2018.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 11, August 31, 2020, eff. 10/15/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 03, December 30, 2021, eff. 2/13/2022.

Authors: David R. Boyd, Dorman Walker, Lois Woodward, Beth Acker, Kathy Perry Brasfield, Jamie A. Durham, J. Seth Gowan, Lauren Razick, Darlene Burt

Statutory Authority:Code of Ala. 1975, §§ 34-14A-8, 34-14A-11, 34-14A-15.