Connecticut General Statutes/Title 20/Chapter 393/Section 20-334

CGS § 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.

Short History

(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.)

Long History

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.

Citations

Cited. 3 CA 707; 12 CA 251.

Cited. 26 CS 329; 30 CS 262.

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