39-9-408. Notice of infraction -- failure to respond -- refusal to sign -- penalty. (1) If a contractor issued a notice of infraction fails to respond within the prescribed response period, the contractor is guilty of a misdemeanor and the department may cause the criminal proceedings to be initiated against the person for prosecution in the lowest court of concurrent jurisdiction in the county where the infraction occurred.
     (2) After a final determination by the department that an infraction has been committed, a contractor who fails to pay a penalty within 30 days, unless waived, reduced, or suspended pursuant to 39-9-410, and who fails to file an appeal pursuant to 39-9-409 is guilty of a misdemeanor and the department may cause the criminal proceedings to be initiated against the person for prosecution in the lowest court of concurrent jurisdiction in the county in which the infraction occurred.
     (3) A contractor who fails to pay a penalty within 30 days after exhausting appellate remedies pursuant to 39-9-409 is guilty of a misdemeanor and the department may cause the criminal proceedings to be initiated against the person for prosecution in the lowest court of concurrent jurisdiction in the county where the infraction occurred.
     (4) It is a misdemeanor for a person who has been personally served with a notice of infraction to refuse to sign a written promise to respond to the notice.
     (5) It is a misdemeanor for a contractor who has been personally served with a notice of infraction to willfully violate the written promise to respond to a notice of infraction as provided in this chapter, regardless of the ultimate disposition of the infraction.

     History: En. Sec. 22, Ch. 500, L. 1995.