LD 1731
pg. 2
Page 1 of 2 An Act to Require Registration of Building Contractors LD 1731 Title Page
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LR 206
Item 1

 
A building contractor must register with the department in the
manner set forth in section 15303 before engaging in the sale of
building construction services.

 
§15303.__Registration application

 
1.__Information required.__An application for registration
under this chapter must be sworn to and must include at a
minimum:

 
A.__The name, local address and permanent place of business
address, if any, of the applicant, the applicant's phone
numbers and, if an individual or individuals, date of birth
and social security number;

 
B.__A description of the building construction services
typically provided by the applicant;

 
C.__At the time of making the application, a statement of
all civil judgments or criminal convictions secured or
outstanding against the seller arising out of building
construction services, all criminal and civil suits pending
against the seller arising out of building construction
services and all criminal convictions and criminal suits
pending for theft against the seller;

 
D.__If a corporation, a copy of its most recent annual
corporate report; and

 
E.__The names, business addresses, phone numbers and social
security numbers of any agents authorized to enter into
building construction contracts on behalf of the applicant.

 
2.__Notification of changes.__The seller shall promptly notify
the department of all changes in or additions to the information
required by this section.

 
§15304.__Renewal application

 
A renewal application must be filed with the department every
2 years by the building contractor.__The renewal application must
include changes in or additions to the information required by
section 15303.__The department shall mail notice to the building
contractor's last known permanent place of business address 30
days in advance of the expiration date.__The renewal application
must be accompanied by an application and a renewal fee as
provided in section 15305.

 
§15305.__Application fees

 
A building contractor shall pay an initial application fee of
$50 and a registration fee of $250.__If an applicant is seeking
renewal of its registration, the applicant shall pay an
application fee of $50 and a renewal registration fee of $200.

 
§15306.__Registration denial; revocation

 
The department may refuse to register an applicant or may
revoke a registration for the following reasons:

 
1.__Incomplete.__Failing to properly complete the application;

 
2.__False statement.__Knowingly, intentionally or recklessly
making a false statement on the application; and

 
3.__Adverse decisions.__Incurring more than 3 adverse court or
arbitrator decisions in cases arising out of building
construction services and in which the building contractor was
found to have specifically violated this chapter or Title 17-A,
chapter 37.__A building contractor whose registration is denied
or revoked may reapply after waiting 12 months or may request
that the department conduct an impartial review of the action and
give a written decision as to why the action was or was not
justified.

 
§15307.__Evidence of registration

 
Upon acceptance of a building contractor's application that
meets the requirements of this chapter, the department shall
issue to the building contractor proof of registration and a
registration number.__Proof of registration must be provided upon
request to a consumer of building construction services and must
include directions for contacting the department to verify the
building contractor's registration.__Use of this registration by
a person other than the building contractor or the building
contractor's authorized agent is a violation of this chapter.

 
§15308.__Disclosure of registration number

 
1.__Building construction contracts.__A building construction
contract must include the building contractor's registration
number in the following manner:__"State Building Contractor
Registration No.: (fill in number)."

 
2.__Advertisements.__A building contractor advertisement must
feature the building contractor's registration number in the
following manner:__"State Building Contractor Registration No.:
(fill in number)."

 
§15309.__Model contract

 
The Department of the Attorney General shall prepare and make
available at no cost a model contract for building construction
services that fully meets the obligations of a building
contractor under this chapter.__The Department of the Attorney
General shall provide these model contracts at no cost to the
department.

 
§15310.__Violations and penalties

 
1.__Civil penalty.__A building contractor who contracts for
work in violation of this chapter commits a civil violation for
which a civil penalty of up to $2,000 and payable to the State
may be adjudged against the building contractor.__If the building
contractor violates this chapter 2 or more times, or if the
injured consumer is more than 60 years of age, the civil
violation penalty may be up to $5,000.__This subsection is
enforceable by either the Department of the Attorney General or
the district attorney.

 
2.__Unfair trade practice.__A building contractor who violates
this chapter commits an unfair trade practice in violation of
Title 5, section 207.

 
3.__Revocation.__In any action under this section, the court
may also revoke for up to 2 years the building contractor's
registration to provide building construction services.

 
4.__Criminal penalty.__Violation of section 15302 is a Class E
crime if the State pleads and proves that the act or omission was
intentional.

 
§15311.__Registration revenues

 
All fees collected under this chapter must be credited to the
department to carry out the purposes of this chapter.

 
§15312.__Expiration

 
1.__Registration.__Registrations issued under section 15303
expire:

 
A.__When the registrant fails to file a renewal application
as required by section 15304; or

 
B.__Upon the surrender of the registration for cancellation.

 
§15313.__Prohibited practices

 
A home contractor may not:

 
1.__Misrepresentations.__Misrepresent any material facts
relating to the terms or conditions of sale;

 
2.__False impressions.__Create an impression that is false or
the building contractor does not believe to be true; and

 
3.__False promises.__Promise performance that the building
contractor does not intend to perform or knows will not be
performed.

 
§15314.__Rulemaking

 
The department shall adopt reasonable rules to facilitate the
administration of this chapter.__Rules adopted pursuant to this
chapter are routine technical rules as defined in Title 5,
chapter 375, subchapter II-A.

 
§15315.__Door-to-door home repair transient sellers

 
A building contractor who also meets the definition of a
transient seller of home repair services under section 14501,
subsection 9 is exempt from the requirements of chapter 128, as
long as the building contractor is registered pursuant to this
chapter and the building contractor's registration is current and
not void.

 
§15316.__Building construction services contract

 
It is a violation of this chapter if a building contractor
enters into a contract for building construction services and
that contract fails to meet the written contract requirements, if
applicable, of:

 
1.__Consumer solicitation sales.__The laws governing consumer
solicitation sales set forth in chapter 69, subchapter V;

 
2.__Transient sales.__The laws governing transient sales set
forth in chapter 69-A;

 
3.__Home solicitation sales.__The laws governing home
solicitation sales set forth in Title 9-A, sections 3-501 to 3-
507; and

 
4.__Home construction contracts.__The laws governing home
construction contracts set forth in Title 10, chapter 219-A.

 
SUMMARY

 
This bill requires construction contractors who build or
repair buildings and whose contracts with any consumer exceed
$4,500 to be registered with the State.


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