(a)  The board may suspend or revoke the license of any underground utility contractor after a hearing when the weight of the evidence establishes any one or more of the following specific violations:

(1)  Obtaining, or conspiring with others to obtain, a license by inducing the issuance of that license in consideration of the payment of money or any other thing of value, or by and through a willful or fraudulent misrepresentation of facts in the procurement of a license;

(2)  Gross negligence or incompetence in the performance of any licensed work in accordance with any underground utility ordinance, or rules of any city or town, or any law of this state regulating the conduct of sewer drain and water work;

(3)  Willfully and fraudulently loaning its license to any other underground utility contractor for the purpose of permitting that underground utility contractor to engage in any underground utility work in violation of the provision of this chapter;

(4)  Willfully violating any of the provisions of this chapter; and

(5)  For any violation of § 5-65-10.

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Terms Used In Rhode Island General Laws 5-65.3-12

  • Board: means the contractors' registration and licensing board as defined in § 5-65-1. See Rhode Island General Laws 5-65.3-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • 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)  When an application for a license is denied, a hearing shall be granted, provided the aggrieved applicant requests a hearing, in writing, within ten (10) days of the denial with the board.

History of Section.
P.L. 2014, ch. 194, § 1; P.L. 2014, ch. 212, § 1.