| | 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. |
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| §15303.__Registration application |
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| | 1.__Information required.__An application for registration | under this chapter must be sworn to and must include at a | minimum: |
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| 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; |
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| B.__A description of the building construction services | typically provided by the applicant; |
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| 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; |
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| D.__If a corporation, a copy of its most recent annual | corporate report; and |
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| 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. |
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| | 2.__Notification of changes.__The seller shall promptly notify | the department of all changes in or additions to the information | required by this section. |
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| §15304.__Renewal application |
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| | 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. |
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| §15305.__Application fees |
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| | 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. |
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| §15306.__Registration denial; revocation |
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| | The department may refuse to register an applicant or may | revoke a registration for the following reasons: |
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| | 1.__Incomplete.__Failing to properly complete the application; |
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| | 2.__False statement.__Knowingly, intentionally or recklessly | making a false statement on the application; and |
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| | 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. |
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| §15307.__Evidence of registration |
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| | 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. |
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| §15308.__Disclosure of registration number |
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| | 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)." |
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| | 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)." |
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| | 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. |
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| §15310.__Violations and penalties |
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| | 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. |
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| | 2.__Unfair trade practice.__A building contractor who violates | this chapter commits an unfair trade practice in violation of | Title 5, section 207. |
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| | 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. |
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| | 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. |
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| §15311.__Registration revenues |
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| | All fees collected under this chapter must be credited to the | department to carry out the purposes of this chapter. |
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| | 1.__Registration.__Registrations issued under section 15303 | expire: |
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| A.__When the registrant fails to file a renewal application | as required by section 15304; or |
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| B.__Upon the surrender of the registration for cancellation. |
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| §15313.__Prohibited practices |
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| | A home contractor may not: |
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| | 1.__Misrepresentations.__Misrepresent any material facts | relating to the terms or conditions of sale; |
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| | 2.__False impressions.__Create an impression that is false or | the building contractor does not believe to be true; and |
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| | 3.__False promises.__Promise performance that the building | contractor does not intend to perform or knows will not be | performed. |
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| | 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. |
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| §15315.__Door-to-door home repair transient sellers |
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| | 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. |
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| §15316.__Building construction services contract |
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| | 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: |
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| | 1.__Consumer solicitation sales.__The laws governing consumer | solicitation sales set forth in chapter 69, subchapter V; |
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| | 2.__Transient sales.__The laws governing transient sales set | forth in chapter 69-A; |
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| | 3.__Home solicitation sales.__The laws governing home | solicitation sales set forth in Title 9-A, sections 3-501 to 3- | 507; and |
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| | 4.__Home construction contracts.__The laws governing home | construction contracts set forth in Title 10, chapter 219-A. |
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| | 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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