2005 Idaho Code - 54-1914 — ADMINISTRATIVE ENFORCEMENT PROCEEDINGS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 19
                           PUBLIC WORKS CONTRACTORS
    54-1914.  ADMINISTRATIVE ENFORCEMENT PROCEEDINGS. (1) The administrator
may upon his own motion or at the direction of the board, and shall upon the
verified complaint in writing of any person, investigate the actions of any
public works contractor within the state and may undertake to reclassify,
retype, place on probation, defer or precondition licensure, impose an
administrative fine not to exceed twenty thousand dollars ($20,000) per
violation, impose the administrative costs of bringing the action including,
but not limited to, hearing officer fees, expert witness fees, attorney's
fees,  costs of hearing  transcripts and copies, temporarily suspend or
permanently revoke any license if the holder, while a licensee or applicant
hereunder, is guilty of or commits any one (1) or more of the following acts
or omissions:
    (a)  Abandonment without legal excuse of any construction project or
    operation engaged in or undertaken by the licensee as a contractor.
    (b)  Diversion of funds or property received under express agreement for
    prosecution or completion of a specific construction project or operation,
    or for a specified purpose in the prosecution or completion of any
    construction project or operation, and their application or use for any
    other construction project or operation, obligation or purpose, with
    intent to defraud or deceive creditors or the owner.
    (c)  Willful departure from or disregard of, plans or specifications in
    any material respect, and prejudicial to another, without consent of the
    owner or his duly authorized representative, and without the consent of
    the person entitled to have the particular construction project or
    operation completed in accordance with such plans and specifications.
    (d)  Willful or deliberate disregard and violation of valid building laws
    of the state, or of any political subdivision thereof, or of the safety
    laws or labor laws or compensation insurance laws of the state.
    (e)  Misrepresentation of a material fact by an applicant in obtaining a
    license.
    (f)  Aiding or abetting an unlicensed person to evade the provisions of
    this chapter or conspiring with an unlicensed person, or allowing one's
    license to be used by an unlicensed person, or acting as agent or partner
    or associate or otherwise, of an unlicensed person with the intent to
    evade the provisions of this chapter.
    (g)  Failure in any material respect to comply with the provisions of this
    chapter.
    (h)  Acting in the capacity of a contractor under any license issued
    hereunder except: (1) in the name of the licensee as set forth upon the
    license, or (2) in accordance with the personnel of the licensee as set
    forth in the application for such license, or as later changed as provided
    in this chapter.
    (i)  Knowingly accepting a bid from, or entering into a contract with
    another contractor for a portion of a public works project if at that time
    such contractor does not possess the appropriate license to do that work
    as provided in this chapter.
    (j)  Willful failure or refusal without legal excuse on the part of a
    licensee as a contractor to finish a construction project or operation
    with reasonable diligence, causing material injury to another.
    (k)  Willful or deliberate failure by any licensee, or agent or officer
    thereof, to pay any moneys when due, for any materials or services
    rendered in connection with  his operations as a contractor, when he has
    the capacity to pay or when he has received sufficient funds therefor as
    payment for the particular construction work, project or operation for
    which the services or materials were rendered or purchased; or denial of
    any such amount due or the validity of the claim thereof with intent to
    secure for himself, his employer, or other person, any discount upon such
    indebtedness or with intent to hinder, delay or defraud the person to whom
    such indebtedness is due.
    (l)  Suffers a change in financial circumstances which may impair the
    licensee's financial responsibility.
    (m)  Holding oneself or one's firm out as a public works contractor by
    engaging in any act meeting the definition or character of a public works
    contractor as defined herein without a legally required license.
    (2)  The administrator may upon his own motion or at the direction of the
board, and shall upon the verified complaint in writing of any licensed public
works contractor eligible to perform public works contracting duties,
investigate the actions of any public entity within the state and may impose
an administrative fine not to exceed five thousand dollars ($5,000) per
violation or impose the administrative costs of bringing the action including,
but not limited to, hearing officer fees, expert witness fees, attorney's
fees, costs of hearing transcripts and copies, if the public agency contracts
for public works construction with an unlicensed or improperly licensed
contractor.