Section 226 Violations of Secs. 222 to 225; fines and penalties; appeal - Massachusetts Statutes

Section 226. The board may, by a majority vote and upon determination made after a hearing pursuant to chapter 30A, find that a home inspector or associate home inspector is liable for a violation of the provisions of sections 222 to 225, inclusive, and may impose the following fines and penalties:

(1) suspend, revoke, cancel or place on probation the license of the home inspector or associate;

(2) reprimand or censure the licensee;

(3) order the licensee to complete continuing education or training or both as a condition of retention or future consideration or reinstatement of such license;

(4) order the licensee to participate in a drug or alcohol rehabilitation program or undergo drug testing or both as a condition of reinstatement of such license;

(5) order the licensee to practice under appropriate supervision for a period of time to be determined by said board as a condition of retention of future consideration of reinstatement of such license;

(6) order financial restitution, where appropriate; and

(7) assess an administrative penalty of not more than $1,000 for each violation.

Whoever, not being licensed as a home inspector or an associate home inspector, holds himself out as such or whoever, being licensed, impersonates another home inspector or associate home inspector or violates any rule or regulation made by said board and performs a home inspection, may be assessed a civil penalty of not more than $5,000 for each violation. Such civil penalty may be assessed by the board after hearing and may be enforced by the courts of the commonwealth.

No action by a home inspector for recovery of a fee for the performance of a home inspection shall be maintained in the courts of the commonwealth unless the individual who performed the inspection was duly licensed at the time the fee was earned.

An appeal of a license suspension, revocation, cancellation or other discipline shall be made to the superior court based solely on the administrative record compiled at the board hearing.