5.1 (1) (a) If the Commission proposes to assess a civil penalty, it shall issue and serve on the respondent a proposed order, giving the opportunity for a hearing.

(b) If the Commission issues a proposed order and no written request for a hearing is received by the Commission within 20 days of the date of mailing the proposed order, the Commission may issue a final order as proposed.

(c) If the Commission issues a proposed order and a written request for a hearing is timely received, the Commission will set an Administrative hearing to determine whether the respondent has violated any provision of Chapter 5 65 or of these rules, and if so, the amount of the civil penalty to be assessed.

(d) A notice of hearing shall contain the amount of the civil penalty proposed by the Commission. The Commission shall not issue a final civil penalty order in an amount greater than that shown in the notice of hearing.

(2) Administrative hearings may be held before a hearing officer of the Commission. The Commissions evidence may be entered into the record by the hearing officer, or by another representative of the Commission. If the respondent fails to appear at the hearing, nevertheless, the Commission must present a prima facie case.

(3) Based on evidence received at the hearing, the hearing officer will prepare findings of fact and conclusions and make recommendations to the Commission for disposition of the case. The Commission, after review of the findings of fact and conclusions, will issue a proposed order assessing a civil penalty in a specified amount or dismiss the matter.

(4) The respondent may file written exceptions, if the respondent does not believe the proposed order is supported by the evidence received at the hearing. To be considered, exceptions must be received by the Commission within 20 days of the date of mailing of the proposed order. If written exceptions are not timely received, the Commission may issue a final order as proposed.

(5) If exceptions are timely received, the matter will be set for consideration by the members of the Board at their next regular meeting, for which agenda space is available. Written argument in opposition to the proposed order will be accepted before the Board meeting date if the original exceptions were timely received.

(6) The respondent, and/or the respondents attorney, may appear before the members of the Board to argue against the proposed order, if the Commission receives written notice of intent to do so before the Board meeting date. Oral argument will be permitted if the original exceptions were timely received.

(7) At the meeting members of the Board will consider evidence received at the hearing and exceptions and written or oral argument relative to the proposed order, but the Board will not consider new or additional evidence.

(8) The members of the Board may affirm the proposed order and finding of fact, modify either or both, or send the case back to a new hearing. Unless the case is sent back to a new hearing, the Commission will issue a final order after the Board meeting.

(9) Time allowed for oral argument, before members of the Board, may be limited to 10 minutes.

(10) (a)A civil penalty order is due and payable on the date of the final order.

(b)The Commission may initiate its own collection proceedings as allowed by law.

(c)Interest will accrue in assessed penalties. Interest will accrue from the date of the final order, but will not be added to the civil penalty amount until 70 days after the final order date, unless appealed.

(11) The Commission may revoke the registration of any contractor who fails to pay on demand a civil penalty which has become due and payable.

5.2 Schedule of Fines
5.2.1 The Commission may assess fines according to the following schedule:

(1)$500.00 for the first offense for advertising or submitting a bid to do work as a contractor or subcontractor in violation of Section 5 65 3(1) and Regulation 3.0(7), may be reduced at the Commissions discretion, if the respondent registers, or to $100.00 if the advertisement or bid is withdrawn immediately upon notification from the Commission that a violation has occurred and no work was accepted as a result of the advertisement or bid; and

(2)$500.00 for the first offense without possibility of reduction for advertising or submitting a bid to do work as a contractor or subcontractor in violation of Section 5 65 3(a) and Regulation 3.0 (7), when one or more previous violations have occurred; and

(3) $500.00 for the first offense for performing work as a contractor or subcontractor in violation of Section 5|65 3 which may be reduced at the Commissions discretion if the respondent registers within a specified time; and

(4) $500.00 for the first offense for performing work as a contractor or subcontractor in violation of Section 5-65-3(1), when an owner has filed a complaint for damages caused by performance of that work which may be reduced, at the Commissions discretion, to not less than $100.00, if the contractor registers within a specified time and settles or makes reasonable attempts to settle with the owner; and

(5) $500.00 for the first offense for performing work as a contractor or subcontractor in violation of Section 5-65-3(1), when one or more violations have occurred; and

(6) $25.00 for the first offense for failure to respond to the Commissions request for the list of subcontractors required in Section 5-65-3(h); and

(7) $500.00 for the first offense for hiring a non-registered subcontractor; and

(8) Failure to include registration number in advertising, in violation of Regulation 3.0(8): first offense, $100.00; second offense, $400.00; subsequent offenses, $1,000.00.

(9) Failure to list with the Board a business name, under which business as a contractor or subcontractor is conducted, in violation of Regulation 3.0(5): first offense, $50.00; second offense, $100.00, subsequent offenses, $200.00.

(10) Altering a registration card or using another contractors registration number shall result in a $1,000.00 fine.