Sec. 20-334. License or registration required. Suspension, revocation or fine.
Sec. 20-338b. Building permit applications. Who may sign. Electronic applications.
Sec. 20-341. Penalties for violations.
Sec. 20-334. License or registration required. Suspension, revocation or fine. (a) No person shall engage in, practice or offer to perform the work of any occupation subject to this chapter in this state, including offering to perform such work in any print, electronic, television or radio advertising or listing, unless such person has first obtained a license as provided in section 20-333, or possesses a card of registration from the Labor Department or the board and is subject to all of the regulations adopted under this chapter for the purpose of governing apprenticeship training, or has been issued a license for such particular work under this chapter prior to July 6, 1967.
(b) The Department of Consumer Protection shall furnish to each qualified applicant a license certifying that the holder thereof is entitled to engage in the work or occupation for which the person has been issued a license under this chapter, and the holder of such license shall carry it on his person while engaging in such work or occupation. Such license shall be shown to any properly interested person on request. No such license shall be transferred to or used by any person other than the person to whom the license was issued. Contractors that fail to display their state license number on all commercial vehicles used in their business and in a conspicuous manner on all advertisements, bid proposals, contracts, invoices and on all stationery used in their business may be fined not more than five hundred dollars per violation, but shall not be fined for the first violation. The department shall keep a register in which shall be entered the names of all persons to whom such licenses are issued. The register shall be at all times open to public inspection.
(c) The Commissioner of Consumer Protection and each board established under section 20-331 may deny, suspend or revoke any license or certificate granted or issued by it under this chapter if the holder of such license or certificate (1) is convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the license or certificate holder's ability to safely or competently perform the duties or responsibilities associated with such license or certificate, (B) information pertaining to the degree of rehabilitation of the license or certificate holder, and (C) the time elapsed since the conviction or release, (2) is grossly incompetent, (3) engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations regarding his or her work, or (4) violates the regulations adopted under this chapter. Before any such license or certificate is suspended or revoked, such holder shall be given notice and opportunity for hearing as provided in regulations adopted by the Commissioner of Consumer Protection. Any person whose license or certificate has been suspended or revoked may, after ninety days but not more than one hundred eighty days after such suspension or revocation, apply to the board demonstrating good cause to have such license reinstated. Any such suspension or revocation of a license or certificate by the board shall be a proposed final decision and submitted to the commissioner in accordance with the provisions of subsection (b) of section 21a-7.
(d) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the Department of Consumer Protection determine whether such individual's criminal conviction disqualifies such individual from obtaining a certificate or license issued or conferred pursuant to this chapter based on (A) the nature of the conviction and its relationship to such individual's ability to safely or competently perform the duties or responsibilities associated with such certificate or license, (B) information pertaining to the degree of rehabilitation of such individual, and (C) the time elapsed since the conviction or release of such individual.
(2) An individual making a request under subdivision (1) of this subsection shall make such request on a form, and in a manner, prescribed by the Commissioner of Consumer Protection, which form shall require the individual to (A) submit to state and national criminal history records checks conducted in accordance with section 29-17a, and (B) provide details of the individual's criminal conviction.
(3) Not later than thirty days after receiving a complete request under subdivisions (1) and (2) of this subsection, the department shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a certificate or license issued pursuant to this chapter.
(4) The department is not bound by a determination made under this section if, upon further investigation, the department determines that the individual's criminal conviction differs from the information presented in such individual's determination request made under this subsection.
(February, 1965, P.A. 493, S. 5; 1967, P.A. 789, S. 6; P.A. 77-614, S. 187, 610; P.A. 81-361, S. 24, 39; P.A. 82-419, S. 24, 47; P.A. 87-588, S. 7, 8; P.A. 91-407, S. 25, 42; P.A. 98-3, S. 27; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 11-117, S. 4; P.A. 16-185, S. 34; P.A. 19-177, S. 2; P.A. 21-37, S. 24; P.A. 22-88, S. 21; P.A. 23-99, S. 6.)
History: 1967 act changed technical language of statute, extended its purview to persons offering to perform work covered by chapter, changed designation of certificate of registration to certificate, provided for persons holding cards of registration from state apprentice training division or issued licenses, changed references to cards furnished by boards to licenses so furnished, added provisions re showing, transfer and display of licenses, added addiction to alcohol, barbiturates, narcotics and hallucinatory drugs and violation of board's rules and regulations as grounds for revocation or suspension and required notice of revocation or suspension to be mailed; P.A. 77-614 referred to regulations established under chapter rather than to regulations of boards and replaced previous notice and hearing provision with statement that notice and hearing shall be as provided in regulations of commissioner of consumer protection, effective January 1, 1979; P.A. 81-361 amended section to provide for issuance of licenses by the department instead of the boards and for the keeping of a register by the department instead of the boards, effective July 1, 1981, and deleted requirement that license bear board seal and secretary's signature; P.A. 82-419 eliminated references to certificates and deleted substance addiction and immorality from list of disciplinary grounds; P.A. 87-588 required contractors to display their state license number in a conspicuous manner on all printed advertisements, bid proposals, contracts, invoices and on all stationery used in their business, effective July 1, 1988; P.A. 91-407 deleted provision re reinstatement upon satisfactory showing that disqualification has ceased; P.A. 98-3 divided section into Subsecs. and made technical changes; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; 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; P.A. 16-185 amended Subsec. (c) to add reference to Commissioner of Consumer Protection in provision re suspending or revoking license or certificate and add provision re suspension or revocation to be proposed final decision and submitted to commissioner, effective July 1, 2016; P.A. 19-177 amended Subsec. (b) by replacing provision requiring display of license number with provision re fine for failure to display license number and deleted “printed” re advertisements; P.A. 21-37 amended Subsec. (c) by adding provision re not more than 180 days after suspension or revocation and adding “demonstrating good cause”, effective June 4, 2021; P.A. 22-88 amended Subsec. (c) to add provision re application denial, add provisos re felony conviction and make technical changes, and added Subsec. (d) re provisions for individuals convicted of a criminal offense to request commissioner determination whether such conviction disqualifies them from receiving a license; P.A. 23-99 amended Subsec. (d) by substituting references to Department of Consumer Protection for references to Commissioner of Consumer Protection, adding reference to certificate in Subdiv. (1), adding provisions re form and manner of request and deleting provisions re payment and fee in Subdiv. (2), adding new Subdiv. (2)(A) re state and national criminal history records checks, designating existing provisions re provision of details of individual's criminal conviction as Subdiv. (2)(B), adding “complete” in Subdiv. (3), and making technical and conforming changes, effective June 29, 2023.
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Sec. 20-338b. Building permit applications. Who may sign. Electronic applications. (a) Except as provided in subsection (b) of this section, any licensed contractor who seeks to obtain a permit from a building official may sign the building permit application personally or delegate the signing of the building permit application to an employee, subcontractor or other agent of the licensed contractor, provided, the licensed contractor's employee, subcontractor or other agent submits to the building official a dated letter on the licensed contractor's letterhead, signed by the licensed contractor, stating that the bearer of the letter is authorized to sign the building permit application as the agent of the licensed contractor. The letter shall not be a copy or a facsimile, but shall be an original letter bearing the original signature of the licensed contractor. The letter shall also include: (1) The name of the municipality where the work is to be performed; (2) the job name or a description of the job; (3) the starting date of the job; (4) the name of the licensed contractor; (5) the name of the licensed contractor's agent; and (6) the license numbers of all contractors to be involved in the work.
(b) If a building official provides an electronic building permit application, any licensed contractor who seeks to obtain a permit from the building official may complete and submit such electronic application.
(P.A. 91-95; P.A. 98-3, S. 33; P.A. 23-114, S. 1.)
History: P.A. 98-3 made technical changes; P.A. 23-114 designated existing provisions as Subsec. (a), added Subsec. (b) re electronic building permit applications, and made conforming changes in Subsec. (a).
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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 Commissioner of Consumer Protection may order any person who is not registered as an apprenticeship sponsor with the Labor Department and who advertises, offers, engages in or practices the work of a program of apprenticeship training for the purpose of providing the experience necessary to obtain a journeyperson's license under this chapter without first registering such program with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive, to immediately cease and desist such advertising, offer, engagement or practice until such person and program are properly registered with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive. The Commissioner of Consumer Protection may, after a hearing held in accordance with chapter 54, impose a fine in an amount not to exceed five thousand dollars for each violation of this subsection.
(c) The Commissioner of Consumer Protection may order any person who is registered as an apprenticeship sponsor with the Labor Department to provide a program of apprenticeship training pursuant to sections 31-22m to 31-22v, inclusive, for the purpose of providing the experience necessary to obtain a journeyperson's license under this chapter and who employs an individual as an apprentice without first verifying that such individual is registered as an apprentice under this chapter to immediately cease and desist any conduct for which an apprenticeship registration is required under this chapter. The commissioner may, after a hearing held in accordance with chapter 54, impose a fine in an amount not to exceed five thousand dollars for each violation of this subsection.
(d) The appropriate examining board or the Commissioner of Consumer Protection may, after notice and a hearing conducted in accordance with chapter 54, 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 to exceed three thousand dollars for each violation of this subsection, except that any individual employed as an apprentice but improperly registered shall not be penalized for a first offense.
(e) If an examining board or the Commissioner of Consumer Protection imposes a civil penalty under the provisions of subsection (d) 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.
(f) 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.
(g) 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; P.A. 23-99, S. 7.)
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; P.A. 23-99 added new Subsec. (b) re person not registered as apprenticeship sponsor with Labor Department, added new Subsec. (c) re person registered as apprenticeship sponsor with Labor Department, redesignated existing Subsecs. (b) to (e) as Subsecs. (d) to (g), amended redesignated Subsec. (d) by adding requirement that hearing be conducted in accordance with Ch. 54, changing amount of civil penalty from not more than $1,000 for first violation, $1,500 for second violation and $3,000 for each subsequent violation to not more than $3,000 for each violation, and made technical and conforming changes in redesignated Subsecs. (d) and (e), effective June 29, 2023.
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