Ala. Admin. Code r. 355-17-1-.17

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-17-1-.17 - Violations Of The Act, Initiation Of Proceedings

(1) The Director may initiate such actions as he or she deems appropriate to investigate and determine compliance by Home Inspectors, EIFS Inspectors, and unlicensed inspectors with the provisions of the Act and the rules of the Division of Construction Management. The Director retains authority to initiate all such proceedings as he or she deems appropriate and which are authorized by law.

(2) It shall be the duty of the Director to cause an investigation to be done, as set forth in Rule 355-17-1-.18 1(b), against a licensed home inspector upon receipt of evidence of probable cause by a licensed home builder that the Home Inspector has violated the Standards of Practice or Code of Ethics promulgated in Chapter 355-18-1. Such investigation shall not require review as set forth in Rule 355-17-1-.18 1(a).

(3) The Director may also act where initiated by an aggrieved party to a transaction involving a licensed inspector or by the Attorney General of the State of Alabama.

(4) For complaints against inspectors not licensed in Alabama any person may be an aggrieved party and complaints may be made anonymously. For complaints against licensed Alabama Home Inspectors and EIFS Inspectors, only the purchasers of the inspection may be an aggrieved party and the complainant must sign and affirm that the allegations in the complaint are true to the best of his or her knowledge.

Ala. Admin. Code r. 355-17-1-.17

New Rule: Filed September 23, 2002; effective October 28, 2002. Amended: Filed July 31, 2019; effective September 14, 2019.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 10, July 31, 2020, eff. 9/14/2020.

Previous Rule .13 was renumbered to .17 per certification filed July 31, 2019; effective September 14, 2019.

Author: Frank Barnes

Statutory Authority:Code of Ala. 1975, §§ 34-14B-1, et seq.; 41-9-140, et seq.