Ala. Admin. Code r. 465-X-5-.02

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

Section 465-X-5-.02 - Initiation Of Proceedings

(1) The Board may initiate such action as it deems appropriate to investigate and determine compliance by residential home builders and licensees with the provisions of the Act and the rules of the Board.

(2) Unless the Board initiates proceedings on its own motion, it shall take action only upon receipt of a written, sworn consumer complaint filed by an original homeowner, stating in detail the activities complained of and that the party is alleged to have engaged in, and presenting the evidence of when, where and how a violation occurred.

(3) An original homeowner submitting a consumer complaint may be required to support it by personal appearance before the Board. If, upon request by the Board, such person refuses to support the consumer complaint by a personal appearance, the Board, in its discretion, may choose to discontinue its investigation of the consumer complaint or dismiss a pending disciplinary action proceeding.

(4) An original homeowner submitting a consumer complaint shall submit the consumer complaint within six years of substantial completion of the construction, or within six years of the date the original homeowner took possession of the residence. Consumer complaints not submitted within six years of substantial completion of construction of the residence, or within six years of the date the original homeowner took possession of the residence, shall not be investigated by the Board.

Ala. Admin. Code r. 465-X-5-.02

Filed: March 22, 1993. New Rule: Filed: May 12, 1993, effective June 16, 1993. Emergency Amendment: Filed June 20, 1994. Amended: Filed September 23, 1994; effective October 28, 1994. Amended: Filed May 6, 2002; effective June 10, 2002. Amended: Filed August 25, 2011; effective September 29, 2011.

Authors: David R. Boyd, Dorman Walker, Lois Woodward, Kathy Perry Brasfield

Statutory Authority:Code of Ala. 1975, §§ 34-14A-8, 34-14A-11.