Ala. Admin. Code r. 355-17-1-.18

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

Section 355-17-1-.18 - Complaint Procedure

(1) In the event a complaint is filed against a licensee or if the Director determines from other information that an investigation is necessary, the procedure for investigation of the complaint shall be as follows:

(a) The complaint shall be sent to the Home Inspector Advisory Committee. The committee shall review the complaint and advise the Director whether it is trivial, frivolous, or not made in good faith within 30 days of the Director receiving the complaint.

(b) Valid complaints shall be investigated by an investigator selected by the Director. Within 60 days of the Director receiving a complaint the investigator shall inform the Director as to whether probable cause exists for the Division of Construction Management to initiate formal disciplinary proceedings, or to forward any necessary information to the appropriate governmental authorities. If the investigator determines upon his or her investigation that no probable cause exists, he or she will recommend to the Director that the proceedings terminate.

(2) In the event the investigator determines that probable cause exists to initiate formal disciplinary proceedings, the investigator shall notify the Director. The Director shall thereafter schedule a proposed hearing date to be held within three months from the Director's receipt of the Investigative Committee's report.

(3) Notice shall be mailed certified mail, return receipt requested, to the most recent address of the licensee on file with the Division of Construction Management. In the event the notice is refused, or the return receipt has not been received by the Division of Construction Management at least 10 days before the proposed hearing date, the licensee may be served by mailing a copy of the notice first class mail at least seven days before the proposed hearing date. The notice shall include a notice of the proposed hearing date and the respondent's opportunity to request that the hearing be conducted. The notice shall otherwise substantially comply with Code of Ala. 1975, § 41-22-12(b).

(4) A respondent may request in writing that the hearing be conducted. The request shall be submitted to the Director within 15 calendar days of the date of receipt of notice. Failure to request a hearing within the above time frame shall constitute a waiver of the opportunity for a hearing and shall cause the matter to be submitted to the Director for final action. Should the respondent request a hearing, the date of the hearing will be the proposed date established pursuant to subsection (2) above. Disciplinary Hearings will be conducted as described in Chapter 355-17-1-.20.

(5) Nothing contained herein shall be deemed to prohibit the informal disposition of any matter by stipulation, agreed settlement, consent order or default or by another method agreed upon by the Director and the respondent in writing.

Ala. Admin. Code r. 355-17-1-.18

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

Previous Rule .14 was renumbered to .18 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.