81-5,237. Elevator contractor license; revocation; grounds; elevator mechanic license; disciplinary actions; grounds; procedure; decision; appeal.

(1) An elevator contractor license issued under the Conveyance Safety Act may be revoked by the State Fire Marshal upon verification that the elevator contractor licensee lacks the insurance coverage required by section 81-5,236.

(2) An elevator mechanic license or an elevator contractor license issued under the act may be suspended, revoked, or subject to a civil penalty not to exceed five thousand dollars by the State Fire Marshal, after notice and hearing, if the licensee:

(a) Makes a false statement as to material matter in the license application;

(b) Commits fraud, misrepresentation, or bribery in obtaining the license; or

(c) Violates any other provision of the act.

(3) No license shall be suspended, revoked, or subject to civil penalty until after a hearing is held before the committee and the State Fire Marshal or his or her designee. The hearing shall be held within sixty days after notice of the violation is received and all interested parties shall receive written notice of the hearing at least fifteen days prior to the hearing. Within fifteen days after the hearing, the committee shall make recommendations to the State Fire Marshal or his or her designee of appropriate penalties, if any, warranted under the circumstances of the case. The committee does not have the power to suspend or revoke licenses or impose civil penalties. Within thirty days after the hearing, the State Fire Marshal shall issue a decision which may include license suspension, license revocation, and civil penalties. The decision of the State Fire Marshal may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.

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