HARRY HUGHES, Governor

2623

(2) THE DEPARTMENT MAY WAIVE THE REQUIREMENT FOR
A LICENSE IN AN EMERGENCY THAT RESULTS FROM A SUDDEN,
UNEXPECTED EVENT THAT IS NOT A PLANNED RENOVATION OR
DEMOLITION.

(K) SUBJECT TO THE HEARING PROVISIONS OF THIS SECTION,
THE DEPARTMENT MAY REPRIMAND ANY LICENSEE, OR SUSPEND OR
REVOKE ANY LICENSE, IF THE LICENSEE;

(1)  FRAUDULENTLY OR DECEPTIVELY OBTAINS OR
ATTEMPTS TO OBTAIN A LICENSE;

(2)  FAILS AT ANY TIME TO MEET THE QUALIFICATIONS
FOR A LICENSE OR ANY OTHER RULES OR REGULATIONS THAT THE
DEPARTMENT ADOPTS UNDER THIS SECTION; OR

(3) FAILS TO MEET APPLICABLE FEDERAL OR STATE
STANDARDS FOR REMOVAL OR ENCAPSULATION OF ASBESTOS.

(L) (1) EXCEPT AS OTHERWISE PROVIDED IN THE
ADMINISTRATIVE PROCEDURE ACT, BEFORE THE DEPARTMENT TAKES
ANY ACTION UNDER SUBSECTION (K) OF THIS SECTION, IT SHALL
GIVE THE LICENSEE AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING.

(2) THE DEPARTMENT SHALL GIVE NOTICE AND HOLD
THE HEARING IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE
ACT.

(M) A PERSON WHO WILLFULLY VIOLATES ANY PROVISION OF
THIS SECTION OR ANY RULE OR REGULATION ADOPTED UNDER THIS
SECTION IS LIABLE TO A CIVIL PENALTY NOT EXCEEDING $5,000 TO
BE COLLECTED IN A CIVIL ACTION. EACH DAY A VIOLATION
CONTINUES IS A SEPARATE VIOLATION UNDER THIS SUBSECTION.

(N) ANY PERSON WHO, AFTER HAVING PREVIOUSLY BEEN
ASSESSED A CIVIL PENALTY UNDER THIS SECTION, WILLFULLY
VIOLATES ANY PROVISION OF THIS SECTION OR ANY RULE OR
REGULATION ADOPTED UNDER THIS SECTION, IS GUILTY OF A
MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO:

(1)  FOR A FIRST OFFENSE, A FINE NOT EXCEEDING
$20,000; OR

(2)  FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE
NOT EXCEEDING $25,000, OR IMPRISONMENT NOT EXCEEDING 2 YEARS
OR BOTH.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 19, 1981.