(1) The director may take disciplinary action or other action as authorized in this section and section 12-20-404 against an applicant or licensee if the applicant or licensee: (a) Violates an order of the director, a provision of this article 165, an applicable provision of article 20 of this title 12, or a rule adopted under this article 165; (b) Uses fraud, misrepresentation, or deceit in applying for or attempting to apply for a license; (c) Within the preceding five years, was convicted of or has entered a plea of guilty or nolo contendere to a felony; to an offense, the underlying factual basis of which has been found by the court to involve unlawful sexual behavior, domestic violence, as defined in section 18-6- 800.3 (1), or stalking, as defined in section 18-3-602; or to violation of a protection order, as defined in section 18-6-803.5. In considering an applicant's criminal history, the director is governed by sections 12-20-202 (5) and 24-5-101. (d) Has failed to report to the director the conviction of, or plea to, a crime specified in subsection (1)(c) of this section; (e) Advertises or claims to be a radon measurement professional or radon mitigation professional without holding an active license; (f) Has been subject to discipline related to the practice of radon measurement or radon mitigation in another jurisdiction. Evidence of disciplinary action in another jurisdiction is prima facie evidence for denial of a license or other disciplinary action if the violation would be grounds for disciplinary action in this state. (g) Commits an act or omission that fails to meet the applicable standard for radon measurement or radon mitigation; (h) Fails to comply with the professional liability insurance requirements specified in section 12-165-109; (i) Has failed to notify the director of a civil judgment or settlement that arose from the licensee's work performance within fourteen days after the civil judgment or settlement; (j) Has engaged in false or misleading advertising; or (k) Fails to provide direct supervision of an unlicensed person performing radon measurement or radon mitigation. (2) The director may adopt rules establishing fines that the director may impose on a licensee. The rules must include a graduated fine structure, with a maximum allowable fine of not more than three thousand dollars per violation. (3) The director need not find that the actions that are grounds for discipline were committed willfully, but the director may consider whether the actions were committed willfully when determining the nature of disciplinary sanctions to impose. (4) (a) The director may commence a proceeding to discipline a licensee when the director has reasonable grounds to believe that the licensee has committed an act or omission described in this section. (b) In any proceeding held under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a licensee in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 165. (5) Section 12-20-403 governs disciplinary proceedings, investigations, hearings, and the gathering of evidence in all matters related to the director's exercise and performance of the director's powers and duties under this article 165. (6) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 165. (7) A final action of the director is subject to judicial review in accordance with section 12-20-408. The director may institute a judicial proceeding in accordance with section 24-4-106 to enforce an order of the director. (8) If it appears to the director, based upon credible evidence as presented in a written complaint, that a licensee is acting in a manner that is an imminent threat to the health or safety of the public, or if an individual is conducting radon measurement or radon mitigation or claiming to be a radon measurement professional or radon mitigation professional without having obtained a license, the director may issue an order to cease and desist the activity in accordance with the procedures specified in section 12-20-405. (9) The director may issue a letter of admonition to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4). (10) The director may send a confidential letter of concern to a licensee under the circumstances described in section 12-20-404 (5).
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