37-45-301. (Effective January 1, 2026) Unprofessional conduct -- rulemaking authority. (1) The following is unprofessional conduct for a construction contractor licensee, a license applicant, or on behalf of the licensee as an individual listed in 37-45-201(1)(d):

(a) fraud, misrepresentation, deception, or concealment of a material fact in:

(i) applying for or assisting in securing a license or license renewal;

(ii) advertising;

(iii) written communications with a client; or

(iv) a contract, written contract negotiations, or in written communications with a person with whom the licensee has a contract;

(b) misappropriating funds from a client;

(c) interference with an investigation into a construction contractor license by the department by:

(i) failure to respond or cooperate with requests from the department;

(ii) willful misrepresentation of facts relevant to the investigation; or

(iii) use of threats or harassment against a client or witness to prevent the client or witness from providing evidence to the department;

(d) hiring or classifying a person as an independent contractor if:

(i) the person does not have an independent contractor exemption certificate if required by 39-71-417;

(ii) the department has suspended, revoked, or denied the person's independent contractor exemption certificate; or

(iii) the person is hired to work in a trade, business, occupation, or profession that is not listed on the independent contractor exemption certificate;

(e) allowing an independent contractor to perform work not in the trade, business, occupation, or profession listed on their independent contractor exemption certificate; or

(f) failing to comply with:

(i) the Workers' Compensation Act, Title 39, chapter 71;

(ii) the Unemployment Insurance Law, Title 39, chapter 51; or

(iii) the wage payment, minimum wage, and overtime payment provisions of Title 39, chapter 3.

(2) (a) Failure to comply with the provisions of this section constitutes unprofessional conduct, and the provisions of 37-1-402 apply. The provisions of 37-1-410 do not apply to a construction contractor license or license applicant under this chapter.

(b) The department may adopt additional unprofessional conduct standards by rule.