Kansas is looking at a licensing Bill and there is debate on … IF a home inspector breaks a HI rule (fails to report a defect, inspects with no license OR an invalid license, etc … should he / she …
Be fined; 2) Get a Class A Misdemeanor or 3) Get a Class B Misdemeanor
Guys in licensed states, what do they do where you are??
They fine them because fining them is more profitable for the regulating agency. It’s how they pad their operating budgets. Charging regular fees can only go so far, but fines are a windfall. Nevermind the inherent conflict of interest in such a system, but the protection of the public and fairness to the regulated get pushed pretty damn far down the priority list when a self-serving bureaucracy is in charge.
The difference between Class A and Class B misdemeanors is the amount of jail time and fine. Class A carries a fine of $2K and a year in jail and Class B carries a fine of $1K and six months in jail in Missouri. I’m not sure about Kansas. Personally, I think Class B is more appropriate for an unlicensed offender. In either case, it will not be the regulatory agency administering the fine since they have no jurisdiction over an unlicensed offender. It would be up to the appropriate court having jurisdiction over the offender to assign punishment.
In Texas the licensing agency, TREC, has the legal right to fine an unlicensed Inspector, collect that fine, and apply it to their operating fund accounts. If an unlicensed Inspector chooses not to pay then TREC will then have the State AG and/or local LEO issue a warrant for their arrest. As far as I am aware unless the person skips town they pay since a failure to pay here in Texas can cause them a great deal of other problems.
A misdemeanor in Missouri carries a fine and/or jail time. Again, I am not certain about Kansas, but I seriously doubt that the regulatory agency in either state will have the authority to lock anyone up. A court can, of course.
Our legislature historically uses the fines associated with misdemeanors as a means of providing the prosecutors with an incentive to prosecute. Perhaps a part of what they collect might go the regulatory agency.