[PART XIV.]  UNLICENSED CONTRACTING OFFENSES

     §708-8300  Unlicensed contracting activity.  (1)  A person commits the offense of unlicensed contracting activity if the person:

     (a)  Engages in any activity that requires a contractor's license under chapter 444 and is not a licensed contractor engaging in the activity, other than a contractor who inadvertently fails to maintain licensing requirements under chapter 444 and who subsequently corrects the failure so that there was a lapse of no more than sixty days in licensure; or

     (b)  Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.

     (2)  Unlicensed contracting activity is a misdemeanor.

     (3)  Each day the violation of this section continues after written notice of the violation to the unlicensed contractor shall constitute a distinct and separate offense.

     (4)  It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license.  This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity. [L 2012, c 244, pt of §1; am L 2013, c 182, §2]