Sec. 20-341. Penalties for violations.

(a) Any person who wilfully engages in or practices the work or occupation for which a license is required by this chapter or chapter 399b without having first obtained an apprentice permit or a certificate and license for such work, as applicable, or who wilfully employs or supplies for employment a person who does not have a certificate and license for such work, or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, including, but not limited to, offering to perform such work in any print, electronic, television or radio advertising or listing when such person does not hold a license for such work as required by this chapter, or who wilfully engages in or practices any of the work or occupations for which a license is required by this chapter after the expiration of such person's license, shall be guilty of a class B misdemeanor, except that no criminal charges shall be instituted against such person pursuant to this subsection unless the work activity in question is reviewed by the Commissioner of Consumer Protection, or the commissioner's authorized agent, and the commissioner or such agent specifically determines, in writing, that such work activity requires a license and is not the subject of a bona fide dispute between persons engaged in any trade or craft, whether licensed or unlicensed. Notwithstanding the provisions of subsection (d) or (e) of section 53a-29 and subsection (d) of section 54-56e, if the court determines that such person cannot fully repay any victims of such person within the period of probation established in subsection (d) or (e) of section 53a-29 or subsection (d) of section 54-56e, the court may impose probation for a period of not more than five years. The penalty provided in this subsection shall be in addition to any other penalties and remedies available under this chapter or chapter 416.

(b) The appropriate examining board or the Commissioner of Consumer Protection may, after notice and hearing, impose a civil penalty for each violation on any person who (1) engages in or practices the work or occupation for which a license or apprentice registration certificate is required by this chapter, chapter 394, chapter 399b or chapter 482 without having first obtained such a license or certificate, or (2) wilfully employs or supplies for employment a person who does not have such a license or certificate or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or (3) engages in or practices any of the work or occupations for which a license or certificate is required by this chapter, chapter 394, chapter 399b or chapter 482 after the expiration of the license or certificate, or (4) violates any of the provisions of this chapter, chapter 394, chapter 399b or chapter 482 or the regulations adopted pursuant thereto. Such penalty shall be in an amount not more than one thousand dollars for a first violation of this subsection, not more than one thousand five hundred dollars for a second violation of this subsection and not more than three thousand dollars for each violation of this subsection occurring less than three years after a second or subsequent violation of this subsection, except that any individual employed as an apprentice but improperly registered shall not be penalized for a first offense.

(c) If an examining board or the Commissioner of Consumer Protection imposes a civil penalty under the provisions of subsection (b) of this section as a result of a violation initially reported by, a municipal building official in accordance with subsection (c) of section 29-261, the commissioner shall, not less than sixty days after collecting such civil penalty, remit one-half of the amount collected to such municipality.

(d) A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

(e) This section shall not apply to any person who (1) holds a license issued under this chapter, chapter 394, chapter 399b or chapter 482 and performs work that is incidentally, directly and immediately appropriate to the performance of such person's trade where such work commences at an outlet, receptacle or connection previously installed by a person holding the proper license, or (2) engages in work that does not require a license under this chapter, chapter 394, chapter 399b or chapter 482.

(February, 1965, P.A. 493, S. 10; 1967, P.A. 789, S. 13; P.A. 80-420, S. 3; P.A. 83-487, S. 16; June Sp. Sess. P.A. 83-22, S. 2, 4; P.A. 86-146; P.A. 89-309; P.A. 91-407, S. 24, 42; P.A. 97-263, S. 6; P.A. 99-73, S. 3; P.A. 07-188, S. 2; 07-206, S. 1; June Sp. Sess. P.A. 07-4, S. 122; P.A. 08-102, S. 2; P.A. 09-153, S. 2; P.A. 11-81, S. 2; 11-117, S. 3; P.A. 14-210, S. 2.)

History: 1967 act deleted provision for forfeiture of right to be licensed by licensee failing to comply with regulations, substituted “certificate” for “certificate of registration” and updated statute to refer to holders of licenses as well as certificates; P.A. 80-420 distinguished between penalties for person working without license or employing unlicensed person and for person pretending to be qualified for work or performing work after his license has expired, imposing civil penalty for the former and retaining previous penalty provision for the latter; P.A. 83-487 amended section to include reference to apprentice permit; June Sp. Sess. P.A. 83-22 deleted civil penalty of $500 for first offense and $1,000 for subsequent offenses previously applicable to those who work without proper permit or certificate and license and to those who wilfully employ unlicensed workers; P.A. 86-146 added Subsec. (b) authorizing examining boards to impose civil penalties; P.A. 89-309 added persons who supply persons for employment and increased the penalty from $35 to $250 for a first violation, from $50 to $500 for a second violation and from $100 to $1,000 for subsequent violations; P.A. 91-407 amended Subsec. (b) by applying provisions to those “who violate any of the provisions of chapter or the relevant regulations pursuant thereto” and increased penalties from $250 to not more than $500 for a first violation, from $500 to not more than $750 for a second violation and from $1,000 to not more than $1,500 for each violation occurring less than three years after second or subsequent violation, and exempted improperly registered apprentice from penalty; P.A. 97-263 doubled the fines in Subsecs. (a) and (b) and added Subsec. (c) requiring the examining board to remit one-half the fine to reporting municipality; P.A. 99-73 amended Subsec. (b) to include references to “chapter 394 or chapter 482”, and made a technical change; P.A. 07-188 amended Subsec. (a) by inserting references to “wilfully” engaging in work or occupation for which license is required, deleting provision re fine for violation of any other provision of chapter unless penalty is otherwise prescribed, replacing provision re fine of not more than $200 for each violation with provisions re class B misdemeanor after work activity review and determination by commissioner or authorized agent, adding provisions re period of probation and re penalty in addition to other available remedies and making technical changes, added references to Commissioner of Consumer Protection and made technical changes in Subsecs. (b) and (c), and added Subsecs. (d) re unfair or deceptive trade practice and (e) re exceptions to application of section; P.A. 07-206 amended Subsec. (a) to make a technical change, replace $200 fine with class B misdemeanor and add provision allowing court to impose probationary period of not more than 5 years if court determines violator cannot fully repay victim within specified probationary period; June Sp. Sess. P.A. 07-4 repealed P.A. 07-206, S. 1, effective June 29, 2007; P.A. 08-102 amended Subsec. (a) to replace references to “subsection (d) of section 53a-29” with “subsection (d) or (e) of section 53a-29”; P.A. 09-153 amended Subsec. (c) to restrict remission to municipality of portion of civil penalty to violations reported by municipal building official in accordance with Sec. 29-261(c), effective July 1, 2009; P.A. 11-81 added references to Ch. 399b and made technical changes, effective July 1, 2012; P.A. 11-117 amended Subsec. (a) by adding provision re offering to perform work in any print, electronic, television or radio advertising or listing; (Revisor's note: In 2013, the Revisors incorporated editorially the provision added by P.A. 11-117, S. 3, into Subsec. (a) of the version of section effective July 1, 2012, in order to reconcile the amendments made by P.A. 11-81 with the amendments made by P.A. 11-117); P.A. 14-210 amended Subsec. (a) by replacing “provided” with “except that” re institution of criminal charges, amended Subsec. (b) by adding “for each violation” re imposition of civil penalty, and made technical changes.

Notation

Cited. 3 CA 707.

Cited. 26 CS 329.