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, 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; or

(n)  Failure to comply with subsection (1), (2) or (3) of section 67-2310, Idaho Code.

(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 if the public agency contracts for public works construction with an unlicensed or improperly licensed contractor or knowingly awards a contract based upon a bid or proposal not in compliance with subsection (1) or (2) of section 67-2310, Idaho Code.

(3)  The assessment of costs and fees incurred to investigate and prosecute or defend a complaint under this section shall be governed by the provisions of section 12-117(5), Idaho Code.

History:

[54-1914, added 1941, ch. 115, sec. 14, p. 212; am. 1965, ch. 227, sec. 4, p. 535; am. 1982, ch. 147, sec. 3, p. 410; am. 1999, ch. 201, sec. 16, p. 540; am. 2000, ch. 318, sec. 1, p. 1073; am. 2001, ch. 300, sec. 11, p. 1094; am. 2005, ch. 213, sec. 28, p. 661; am. 2007, ch. 127, sec. 1, p. 382; am. 2018, ch. 348, sec. 11, p. 808.]