§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]
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