(a)  Violations of any provision of this chapter shall be subject to the penalties as follows: any corporation, association, sole proprietorship, firm, partnership, limited-liability corporation, limited-liability partnership, or other business organization licensed by the board shall be subject to a fine up to five thousand dollars ($5,000) for the first offense and up to ten thousand dollars ($10,000) for the second and subsequent violations of this chapter.

Terms Used In Rhode Island General Laws 5-65.3-17

  • Board: means the contractors' registration and licensing board as defined in § 5-65-1. See Rhode Island General Laws 5-65.3-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Underground utility: means the installation, repair, alteration, or replacement of underground utilities, sewer lines, storm drainage lines or water lines, water service and laterals, laying drains and related services outside of buildings, making connections with public and/or private underground utilities, provided that such work is to be done between the main, lateral, related services and/or appurtenances to within five feet (5?) of the outer wall of a building or structure and specifically excluding gas and telecommunications work and any work defined in § 28-27-28. See Rhode Island General Laws 5-65.3-2
  • Underground utility contractor: means any corporation, association, sole proprietorship, firm, partnership, limited-liability corporation, limited-liability partnership, or other business organization that is engaged in the installation, repair, alteration, or replacement of underground utilities, outside of buildings, making connections with public and/or private underground utilities, provided that such work is to be done between the main, laterals, services and/or appurtenances to within five feet (5?) of the outer walls of a building or structure. See Rhode Island General Laws 5-65.3-2

(b)  Any person who operates as an underground utility contractor without a license 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 person shall be imprisoned for a term not exceeding two (2) years, fined not more than two thousand dollars ($2,000), 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 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.

(d)  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 proper 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.

(e)  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 (b), (c), and (d), 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.

(f)  If an underground utility 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), or both.

History of Section.
P.L. 2014, ch. 194, § 1; P.L. 2014, ch. 212, § 1; P.L. 2018, ch. 64, § 4; P.L. 2018, ch. 69, § 4.