The town may, upon its own motion, upon the verified complaint in writing of any individual setting forth specifically the wrongful action or acts complained of, investigate any action or business transaction of a Certificate of Registration holder and shall have the power to suspend or revoke a Certificate of Registration issued by the town under the provisions of this subchapter if, after due proceedings, as herein provided, it shall find the holder to have been guilty of the performance or attempt to perform any of the following prohibited acts or conduct:
(A) Willful and deliberate disregard of the applicable construction codes and ordinances of the town, county, or state, or any rules or Administrative Building/Construction Codes;
(B) Aiding or abetting any unlicensed entity, or its designated agent or representative, to evade the provisions of this subchapter, or rules and regulations promulgated pursuant thereto, including any and all applicable Administrative Building/Construction Codes;
(C) Knowingly combining or conspiring with a nonregistered business entity, or its duly authorized agent or representative, with the intent to evade the provisions of this subchapter, or rules and regulations thereto, including any and all applicable Administrative Building/Construction Codes;
(D) Acting in the capacity of a contractor under any Certificate of Registration issued hereunder except in the name of the holder as set forth on the issued certificate;
(E) Diversion of funds or property received from prosecution or completion of a specified construction project, or operation, where as a result of the diversion, the contractor is or will be unable to complete or fulfill the terms of his or her obligation or contract;
(F) In the case of a contractor being adjudicated a bankrupt, or the making by a contractor of a composition with creditors or the appointment of a receiver for the registrant's business;
(G) Paying compensation in money or other valuable consideration to any business entity, or its duly authorized agent or representative, other than a registered contractor, for rendering services or doing any act required by this subchapter, to be performed by a registered contractor holding a valid Certificate of Registration;
(H) Violation of any provisions of this subchapter by an agent or employee of any registered contractor shall be grounds for the suspension or revocation of the license of the employer. For the purpose of this division, a course of dealing shown to have been consistently followed by an employee shall constitute prima facie evidence of knowledge on the part of the employer;
(I) Any business entity, or its designated agent or representative, aggrieved by any action by the town in suspending, revoking, or failing to renew a Certificate of Registration may seek judicial review thereof;
(J) The record of the town, or a duly certified copy thereof, shall be admissible in any proceedings at law or in equity in any court of competent jurisdiction in the county or any other jurisdiction in which the applicant or Certificate of Registration holder charged or under investigation is a party, and where the issues involved in the proceedings are pertinent to the inquiry being made, and the verdict or judgment of the court in any proceeding in equity shall be prima facie evidence of the facts at issue in the proceedings and necessarily adjudicated therein;
(K) The verdict in any prosecution in any court of record of this or any state in which the applicant or Certificate of Registration holder charged shall have been the defendant, shall be conclusive as to the facts charged and at issue in such prosecution;
(l) After the revocation of any Certificate of Registration, no new Certificate of Registration shall be issued to the same Certificate of Registration holder within a period of at least one year subsequent to the date of revocation;
(M) Whenever a new Certificate of Registration is issued by the town to any business entity whose Certificate of Registration has been previously revoked, the issuance shall be treated as an initial issuance and the applicant shall be required to pay the fee, and in the case of contractors, shall be required to submit all information and documentation required of all other applicants;
(N) When any business entity, or a duly authorized agent or representative, acts as a contractor without first obtaining a Certificate of Registration from the town as provided herein, or any individual who continues to act as a contractor after his or her Certificate of Registration has been suspended or revoked, the duly appointed representative of the town shall, in the name of the town, bring actions in the circuit or superior courts of the county for mandatory and injunctive relief in the enforcement of, and to secure compliance with, any order or orders made by the town, and any such action for mandatory injunctive relief may be joined with an action to recover the penalties provided for in § 150.99.
(O) Any business entity, or duly designated agent or representative, which fails to renew its Certificate of Registration and continues to act as a contractor after the same has expired, shall be fined in accordance with the provisions set forth in § 150.99
(Ord. 566, passed 12-1-92)