A. The Commissioner of Labor on recommendation of the Alarm, Locksmith and Fire Sprinkler Industry Committee may suspend any license, upon the conviction of any individual named on the license or on the application for license of a felony, for a period not to exceed thirty (30) days pending a full investigation by the Committee. Such investigation shall be initiated within the thirty-day period of the suspension. A final determination by the Committee shall result in either removal of the suspension or such sanction as the Commissioner considers appropriate, as provided by the Alarm, Locksmith and Fire Sprinkler Industry Act.
B. The Commissioner may revoke or suspend any license, reprimand any licensee or deny any application for license or renewal if, in the judgment of the Committee:
1. The applicant or licensee has violated any provision of the Alarm, Locksmith and Fire Sprinkler Industry Act or any rule or regulation promulgated thereto;
2. The applicant or licensee has committed any offense resulting in the applicant's or licensee's conviction of a felony or crime involving moral turpitude. Provided, however, if the applicant has had no felony convictions at least ten (10) years prior to making application for a license and the applicant has shown the Committee that the applicant has been rehabilitated, the Committee may recommend the applicant for a license;
3. The applicant or licensee has practiced fraud, deceit, theft, larceny, arson, or misrepresentation;
4. The applicant or licensee has made a material misstatement in any information required by the Committee; or
5. The applicant or licensee has demonstrated incompetence or untrustworthiness in the applicant's or licensee's actions.
C. The Committee shall, before final action under subsection B of this section, provide a thirty-day written notice to the applicant or licensee involved, of the action intended and give sufficient opportunity for such person to request an administrative hearing and to be represented by an attorney. A hearing shall be scheduled by the Commissioner if so requested as provided in the Administrative Procedures Act.
D. In the event the Commissioner denies the application for, or revokes or suspends, any license or imposes any reprimand, a record of such action shall be in writing and officially signed by the Commissioner. The original copy shall be filed with the Department of Labor and a copy mailed to the affected applicant or licensee within two (2) days of the final action taken by the Commissioner.
E. Notice of the suspension or revocation of any license shall be made public record.
F. A suspended license shall be subject to expiration and may be renewed as provided by the Alarm, Locksmith and Fire Sprinkler Industry Act, regardless of the term of suspension; provided, a renewal shall not remove the suspension term.
G. A revoked license terminates on the date of revocation and cannot be reinstated; provided, the Commissioner may reverse the revocation action. Any licensee whose license is revoked shall apply for a new license and meet all requirements for a license as stated in the Alarm, Locksmith and Fire Sprinkler Industry Act prior to engaging in any alarm, locksmith or fire sprinkler industry business activities. The Committee and the Commissioner shall take action on the new application and may require additional safeguards against such acts by the applicant as may have been the cause of the revocation of the prior license.
Added by Laws 1985, c. 217, § 13, eff. Nov. 1, 1985. Amended by Laws 2006, c. 110, § 13, eff. Jan. 1, 2007; Laws 2012, c. 368, § 15, eff. Nov. 1, 2012; Laws 2013, c. 22, § 9, eff. July 1, 2013; Laws 2019, c. 218, § 14, eff. Nov. 1, 2019.