- A. The Commissioner of Health on recommendation of the 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 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 Industry Act or any rule or regulation promulgated hereunder;
- 2. The applicant or licensee has committed any offense resulting in his conviction of a felony or crime involving moral turpitude. Provided, however, if the applicant has had no felony convictions at least five (5) years prior to making application for a license and said applicant has shown the Committee that he has been rehabilitated, the Committee may recommend said applicant for a license;
- 3. The applicant or licensee has practiced fraud, deceit, or misrepresentation;
- 4. The applicant or licensee has made a material misstatement in any information required by the State Board of Health; or
- 5. The applicant or licensee has demonstrated incompetence or untrustworthiness in his actions.
- C. The Committee shall, before final action under subsection B of this section, provide thirty (30) days of written notice to the applicant or licensee involved, of the action intended and give sufficient opportunity for such person to request a hearing before the Committee and the Commissioner and to be represented by an attorney. A hearing shall be scheduled by the Committee if so requested.
- 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 Board 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 by the Commissioner shall be sent by the Committee to law enforcement agencies and fire departments in the principal areas of operation of the licensee.
- F. A suspended license shall be subject to expiration and may be renewed as provided by the Alarm Industry Act, regardless of suspension. Provided, such renewal shall not remove the suspension.
- 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 Industry Act prior to engaging in any alarm 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.
Laws 1985, HB 1358, c. 217, § 13, eff. November 1, 1985.