Section 34-1A-7 Licenses - Required.

(a) Effective January 1, 1998, it shall be unlawful for any individual or business entity to engage in a business regulated by this chapter in this state without a current valid license or in violation of this chapter and applicable rules of the board. (b) Effective January 1, 1998, it shall be unlawful for an individual or business entity not licensed under this chapter to advertise or hold out to the public that he or she is a licensee of the board. (c) Any individual or business entity who violates this chapter or any order or rule of the board shall be guilty of a Class A misdemeanor, and for each offense for which he or she is convicted shall be punished as provided by law. (d) Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally do any of the following: (1) Obliterate the serial number on an alarm system for the purpose of falsifying service reports. (2) Knowingly and deliberately improperly install an alarm system, or knowingly and deliberately improperly service such a system. (3) While holding a license, allow another individual or business entity to use the license or license number. (4) Use, or permit the use of, any license by an individual or business entity other than the one to whom the license is issued. (5) Use any credential, method, means, or practice to impersonate a representative of the board. (6) Make use of any designation provided by statute or rule to denote a standard of professional or occupational competence without being duly licensed. (7) Make use of any title, words, letters, or abbreviations that may reasonably be confused with a designation provided by statute or rule to denote a standard of professional or occupational competence without being duly licensed. (8) Provide material misrepresenting facts in an application for licensure or in other communications with the board. (9) Refuse to furnish the board information or records required or requested pursuant to statute or rule. (e) Commencing July 1, 2018, it shall also constitute a Class A misdemeanor to willfully or intentionally do any of the following: (1) Advertise alarm system services or locksmith services to the public by any means without possessing an active license issued by the board during the licensing year in which the advertisement appears. (2) Install, service, or sell an alarm system or provide locksmith services while on state or federal probation or parole without a license or, if licensed, without first providing proper written documentation by certified mail or courier service of the probation or parole status to the board. (3) Perform unsolicited sales or installation, or both, of an alarm system or locking system at the home or property of an individual who is age 75 or older, without providing the individual with a waiting period of at least four business days after the initial contact and at least 30 business days to cancel any executed contract, before performing the installation or service, unless otherwise authorized by this chapter. (4) Deceive or defraud an individual who is age 60 or older in violation of the Protecting Alabama’s Elders Act, Chapter 6, commencing with Section 13A-6-190, of Title 13A. (f)(1) Upon notification that an individual, company, corporation, firm, or business entity has engaged in any activity, conduct, or practice constituting a violation of this chapter or rule adopted by the board pursuant to this chapter, or has not renewed a company license or completed the renewal of a company license immediately upon expiration, the board may issue a letter to show cause why an order should not be issued directing the individual, company, corporation, firm, or business entity to cease and desist from the activity, conduct, practice, or the performance of any work being done or about to be commenced. (2) If the individual, company, corporation, firm, or business entity files a written request for a hearing before the board within 14 days after receipt of the letter, the board, not less than 30 days thereafter, shall hold a hearing on the matter. After a hearing, or if no hearing is requested, the board may issue a cease and desist order to the individual, company, corporation, firm, or business entity. If an order is issued, the order shall be issued in the name of the State of Alabama under the official seal of the board. (3) If the individual, company, corporation, firm, or business entity to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, practice, or performance of the work immediately, the board may impose an administrative fine of not more than five thousand dollars ($5,000) per violation. (g) Upon finding an individual, company, corporation, firm, or business entity has engaged in any activity, conduct, or practice constituting a violation of this chapter or rule adopted by the board pursuant to this chapter, or has not renewed a company license or completed the renewal of a company license immediately upon expiration, the board may investigate the activities of licensed and unlicensed entities and individuals. If the board finds that an individual, company, corporation, or business entity is engaged in performing any work covered by this chapter without having obtained a proper license, whether by renewal or first-time licensure, the board may do any of the following: (1) Impose an administrative fine up to five thousand dollars ($5,000) per violation. (2) Deny an application for licensure. (3) Issue a cease and desist order. (4) Petition the circuit court of the county where the act occurred to enforce the cease and desist order or collect the assessed fine, or both. (h) Any person aggrieved by any adverse action taken by the board may appeal the adverse action in accordance with the Alabama Administrative Procedure Act. (i) If the individual, company, corporation, firm, or business entity to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, practice, or performance of the work immediately, the board may petition any court of competent jurisdiction to issue a writ of injunction enjoining the individual, company, corporation, firm, or business entity from engaging in any activity, conduct, practice, or performance of work as prohibited by this chapter. Upon a showing by the board that the individual, company, corporation, firm, or business entity has engaged or is engaged in any activity, conduct, practice, or performance of any work prohibited by this chapter, the court shall grant injunctive relief enjoining the individual, company, corporation, firm, or business entity from engaging in the unlawful activity, conduct, practice, or performance of work. Upon the issuance of a permanent injunction, the court may fine the offending party up to five thousand dollars ($5,000) plus court costs and attorney fees, for each offense. A judgment for a civil fine, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made absolute. (j) The board is entitled to court costs, reasonable investigatory fees, and reasonable attorney fees in any civil action or administrative proceeding in which the board obtains relief. (k) Any individual, company, corporation, firm, or business entity violating this chapter who fails to cease work after a hearing and notification from the board or having an injunction issued by a court of competent jurisdiction shall not be eligible to apply for a license from the board for a period not to exceed one year from the date of official notification to cease work. In addition, the board may withhold approval for up to six months of any application from any individual, company, corporation, firm, or business entity prior to the application has been found in violation of this chapter.