§ 5-65-19. Penalty for operating without a registration - Failure to comply with a final order of the board - Repeat offense a felony. (a) Any person who fails to register as a contractor as adjudged in a final order issued by the board, upon proper written notification, is deemed guilty of a misdemeanor and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than one thousand dollars ($1,000), or both, for a first or second offense. A third or subsequent violation of this subsection is to be deemed a felony and, upon conviction, the violator shall be imprisoned for a term not exceeding two (2) years, fined not more than two thousand dollars ($2,000), or both.

(b) Any person who violates a final order of the board where the monetary total of the order including, but not limited to, the monetary judgment and/or fines, is not more than five thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than one thousand dollars ($1,000), or both.

(c) Any person who violates a final order of the board where the monetary total of the order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars ($5,000) or more, upon written notification, is deemed guilty of a felony and, upon conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten thousand dollars ($10,000), or both.

(d) A final order shall be considered delivered when served to a defendant or designated agent to accept service. In addition to any sentence or fine imposed by the court under subsections (a), (b), and (c), the court shall order a defendant to comply with any outstanding final order of the board, including any monetary judgment and to pay to the board any outstanding fine or fines previously imposed by the board pursuant to this chapter.

(e) If a contractor is a repeat offender with violations of three (3) or more final orders of the board with respect to three (3) separate contracts executed by three (3) separate individuals/aggrieved parties and the violations are filed within a twenty-four-month (24) period, the violation shall be prosecuted as a felony and upon conviction the violator shall be subject to imprisonment for a term not to exceed ten (10) years or fined not more than ten thousand dollars ($10,000).

History of Section. (P.L. 1992, ch. 381, § 2; P.L. 1994, ch. 350, § 2; P.L. 1996, ch. 322, § 1; P.L. 2001, ch. 322, § 1; P.L. 2006, ch. 648, § 1; P.L. 2008, ch. 364, § 1; P.L. 2018, ch. 64, § 1; P.L. 2018, ch. 69, § 1.)