(a) The board may refuse to issue or renew, or suspend or revoke a license under this part, if it finds that the applicant or licensee:

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Terms Used In Tennessee Code 62-6-509

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Board: means the state board for licensing contractors. See Tennessee Code 62-6-501
  • Contracting: means any person or entity that performs or causes to be performed any of the activities defined in subdivision (4)(A) or (7). See Tennessee Code 62-6-102
  • Fraud: Intentional deception resulting in injury to another.
  • home improvement: includes the installation of central heating or air conditioning systems, storm windows or awnings. See Tennessee Code 62-6-501
  • Licensee: means a person licensed to engage in the home improvement business under this part. See Tennessee Code 62-6-501
  • Person: includes an individual, partnership, corporation, trust, association, owner, contractor, salesperson or any other legal entity. See Tennessee Code 62-6-501
(1) Has made a material omission or misrepresentation of fact on an application for a license;
(2) Has failed to furnish information to the board concerning an application for a license as required by this part;
(3) Lacks competence to engage in the home improvement business, as evidenced by work performed in a poor and unworkmanlike manner or when the work involved is inadequate or incomplete;
(4) Has been convicted of a felony, is untrustworthy or not of good character;
(5) Has consistently failed to perform contracts, has manipulated assets or accounts or has engaged in fraud or bad faith; or
(6) Has violated this part or is performing or attempting to perform any act prohibited by this part.
(b) In addition to or in lieu of any lawful action taken under subsection (a), the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of this part. In determining whether to impose a civil penalty, the board shall consider the seriousness of the violation, the deleterious effect of the violation, any good faith on the part of the violator, and the violator’s history of previous violations.
(c) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the amount of civil penalties that may be imposed, the commission may impose a civil penalty not to exceed one thousand dollars ($1,000) against any person who engages in unlicensed home improvement contracting.
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