§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.