§ 23-33-20 - Penalty for violations – Prosecution.
SECTION 23-33-20
§ 23-33-20 Penalty for violations –Prosecution. – (a) Any owner who willfully or repeatedly violates the requirements of §23-33-9.1, any code, rule, or order promulgated pursuant to § 28-20-24, orregulations prescribed pursuant to this chapter, may be assessed an initialcivil penalty of not more than one thousand dollars ($1,000) for each violation.
(b) Any owner who has received a compliance order for aserious violation of the requirements of § 23-33-9.1 of any code, rule, ororder promulgated pursuant to § 28-20-24, or of any other regulationsprescribed pursuant to this chapter, shall be assessed an initial civil penaltyof up to one thousand dollars ($1,000) for each violation.
(c) Any owner who has received a compliance order for aviolation of the requirements of § 23-33-9.1 of any code, rule, or orderpromulgated pursuant to § 28-20-24, or of other regulations prescribedpursuant to this chapter, and the violation is specifically determined not tobe of serious nature, may be assessed a civil penalty of up to five hundreddollars ($500) for each violation. Each day during which any portion of aviolation continues shall constitute a separate offense.
(d) Any owner who fails to correct a violation for which acompliance order has been issued under § 23-33-9.1 within the periodpermitted for its correction, which period shall not begin to run until thedate of the final order of the review board in the case of any reviewproceeding under § 23-33-15.1, initiated by the owner in good faith andnot solely for delay or avoidance of penalties, may be assessed a civil penaltyof not more than one thousand dollars ($1,000) for each violation. Each dayduring which any portion of a violation continues shall constitute a separateoffense.
(e) Any owner who willfully violates any code, rule or orderpromulgated pursuant to § 28-20-24, or of any regulations prescribedpursuant to this chapter and that violation causes death to any person, shallupon conviction, be punished by a fine of not less than one thousand dollars($1,000) or by imprisonment for not more than one year, or by both.
(f) Any person who gives advance notice of any inspection tobe conducted under this chapter, without authority from the director, shallupon conviction be punished by a fine of not more than five hundred dollars($500) or by imprisonment for not more than one year, or by both.
(g) Whoever knowingly makes any false statements,representations, or certifications in any application, record, report, plan orother document filed or required to be maintained pursuant to this chaptershall, upon conviction, be punished by a fine of not more than one thousanddollars ($1,000), or by imprisonment for not more than one year, or by both.
(h) Any person who shall refuse to have inspected anyelevator or other device subject to this chapter, or who shall obstruct orotherwise interfere with the director of labor and training or his or herrepresentative while engaged in the performance of their duties, shall beimprisoned for a period not exceeding one year, or be fined a sum not exceedingfive hundred dollars ($500).
(2) The preceding provision in no way shall limit theauthority of the state to impose such other penalties as may be deemedappropriate for other offenses by any person against any employee or otherrepresentative of the division of occupational safety while engaged in theperformance of his or her duties.
(i) Any person that shall use or allow to be used anyelevator or other device subject to the provisions of this chapter before acertificate of inspection has been issued, or after the certificate has beenrevoked or after use of the elevator or other device has been prohibited shallbe assessed a civil penalty of not more than one thousand dollars ($1,000). Anyowner that shall use or allow to be used any elevator or other device and failsto conspicuously post, within the required frame, a valid certificate ofoperation when issued shall be assessed a penalty of one hundred dollars ($100).
(j) Any person, firm, or corporation who installs orconstructs, or attempts to install or construct, any elevator or other devicesubject to the provisions of this chapter without having first obtained apermit to install or construct and without paying the required fee; or (2) anyperson, firm, or corporation that shall repair or maintain or attempt to repairor maintain any elevator or other device subject to the provisions of thischapter without being licensed pursuant to § 23-33-2.3, shall be fined notless than five hundred dollars ($500) nor more than one thousand dollars($1,000), and all such work shall be stopped until the required permit orlicense has been obtained.
(k) The director shall have the authority to propose allcivil penalties provided in this section, consideration to the appropriatenessof the penalty with respect to the size of the business of the owner beingcharged, and the history of previous violations. The review board shall havethe authority to review or modify proposed assessments of penalty.
(l) For purposes of this section, a serious violation shallbe deemed to exist if there is a substantial probability that death or seriousphysical harm could result from a condition which exists, or from one or morepractices or processes which have been adopted or are in use, unless the ownercould not with the exercise of reasonable diligence know of the presence of theviolation.
(m) Civil penalties due under this chapter shall be paid tothe director for deposit into the restricted receipt account established forthe implementation and enforcement of this chapter.
(n) The director or the chief of the division of occupationalsafety may make complaint to the justice or clerk of any district court withinwhose jurisdiction any violation of the provisions of this chapter shall occur,and shall not be required to give surety for costs.