La. Admin. Code tit. 46 § XL-707

Current through Register Vol. 50, No. 11, November 20, 2024

Section XL-707 - Investigations; Special Investigating Entity; Board Review

A. Upon receipt of a complaint filed pursuant to §703. A and conforming with this Chapter, the board shall assign a docket number to the complaint and refer it to an SIE. Any individual, licensee or member of a committee appointed to serve as an SIE shall:

1. have been a Louisiana licensed home inspector for at least three years prior to the appointment;

2. be current on all continuing education, fees and other requirements for licensure;

3. have no pending complaints against him; and

4. have performed over 300 home inspections pursuant to this Chapter.

B. A copy of the complaint shall be served upon the home inspector or member of the public (respondent) in accordance with §707. D The respondent shall submit a written response to the special investigating entity within 14 days after receipt of the copy of the complaint.

C. The SIE shall make an investigation of the charges and responses, with the sole purpose of determining whether or not the allegations listed in the complaint indicate a possible violation of these rules or the home inspector licensing law. The SIE shall not visit or inspect the property at issue during the investigative process, but may contact the parties involved, and any third parties, to discuss the matter, or to request any further information or documentation needed to conduct the investigation. The SIE may review photographs, reports, correspondence and other documentation submitted by any party or third party in conducting the investigation. The SIE shall prepare and file a report of its findings with the board within 30 days of the completion of the investigation.

D. A copy of the report of the SIE shall be mailed by the COO to the complainant and to the respondent by certified mail. The report shall contain:

1. the docket number;

2. the names of the parties involved;

3. a list of the documents reviewed in connection with the investigation; and

4. a list of the persons contacted in connection with the investigation and the manner in which that contact was made (e.g. telephone, email, mail, etc..).

E. The report shall state whether each specific allegation of the complaint indicates a possible violation of these rules or the home inspector licensing law.

F. If the report states that any or all allegations of the complaint lack sufficient evidence to indicate a possible violation of these rules or the licensing law, the chief operating officer shall advise the complainant and respondent in writing that the evidence submitted was insufficient to support a particular allegation or all allegations in the complaint. The chief operating officer shall also advise the complainant and respondent that, in order for any of the lacking allegations of the complaint to be reviewed by the board, the complainant must make a written request for review by the board within 15 days of mailing of the report, must support the complaint with additional documentation or evidence and must set forth specific reasons why the SIEs determination on each allegation is incorrect.

G. If the complainant makes a written request for review by the board, the board shall review the report and the complainant's documentation. If the board finds that the allegations are unsupported by the evidence, the chief operating officer shall advise the complainant in writing that the board has concurred with the special investigating entity's conclusion that the complaint lacks sufficient evidence to support a possible violation of these rules or the home inspector licensing law.

La. Admin. Code tit. 46, § XL-707

Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2750 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1694 (August 2004), LR 36:2863 (December 2010), LR 40:1004 (May 2014), Amended by the Office of the Governor, Board of Home Inspectors, LR 43315 (2/1/2017), Amended by Office of the Governor, Board of Home Inspectors, LR 431913 (10/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1475 and R.S. 37:1485.