[§437B-12.1] Citation for licensee violations; fines. (a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a motor vehicle repair dealer or motor vehicle mechanic license for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:
(1) Failure of a motor vehicle repair dealer to conspicuously display the dealer's licensure certificate or certification certificate in the dealer's place of business;
(2) Failure of a motor vehicle repair dealer to conspicuously place a board-approved sign in all the dealer's motor vehicle repair locations; or
(3) Failure of a motor vehicle mechanic to carry or have readily available for inspection the pocket card provided to the motor vehicle mechanic by the department.
(b) Each citation:
(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;
(2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation by a motor vehicle repair dealer and a fine in the amount of $100 for each violation by a motor vehicle mechanic;
(3) Shall be served on the licensee by personal service; and
(4) Shall inform the licensee that the licensee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation.
(c) If the licensee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.
(d) If the licensee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board.
(e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action taken by the board. [L 2018, c 23, §1]