Section 260-RICR-30-15-11.7 - EnforcementA. Authority 1. Pursuant to R.I. Gen. Laws § 5-70-8, the Board serves in an advisory capacity to the Rhode Island Department of Labor & Training, Division of Professional Regulation to assist the department in administering the day-to-day business in accordance with these regulations and R.I. Gen. Laws Chapter 42-35.2. The Chief of the section shall act as an investigator with respect to the enforcement of all provisions of law relative to the licensing of telecommunications contractors, technicians and installers, and to this effect whenever a complaint is made by the chief of the section to the director of labor and training that the provisions of this chapter are being violated, the director of labor and training, or his/her designee may issue an order to cease and desist from the violation and impose penalties as provided in R.I. Gen. Laws Chapter 5-70 against the violator.3. The violator may appeal the decision of the Director of Labor & Training as provided in R.I. Gen. Laws § 5-70-22.4. Any matters not covered by these regulations or by the R.I. Gen. Laws Chapter 42-35 shall be referred to the Board for a determination, resolution or action, as appropriate. If any such matter requires immediate attention, it shall be referred to the Board Chairperson, or in his/her absence the Board Vice Chairperson, for a determination pending confirmation by the Board at the next regular meeting, or at a special meeting called for such purposeB. Procedures 1. Right of entry is within the purview of the Department of Labor and Training, Professional Regulation official.2. The following procedure shall apply in all cases of complaint made against a license holder, and all other matters that may be brought before the Board for its consideration and/or action:a. All complaints, appeals and other matters submitted to the Board for consideration must be stated in writing.b. A complaint must identify the license holder, by name or by license number, and must be signed by the complainant, including the complainants address and daytime telephone number. All complaints must state the pertinent facts of the complaint, including the nature of the complaint, the approximate date of occurrence and the effect on the complainant. Complaints do not have to be submitted on official forms in order to be considered by the Board or its' authorized representative.c. Upon the receipt of a complaint, as stated above; the Board or its authorized representative shall contact the complainant, in writing or telephonically, for any additional statement in order to provide a clearer picture of the situation. All such contact shall be documented, and all such statements shall be made in writing or recorded electronically.d. The Board, or its representative, will then contact the subject of the complaint, in writing, to inform him/her of the complaint and to obtain a written or electronically recorded statement as to his/her explanation relative to the specifics of the complaint. The subject of the complaint shall be allowed ten (10) working days time period to respond.e. Upon obtaining the statements of both parties, the Board, or its agent, may attempt to mediate a resolution of the complaint between the two parties. If both parties are agreeable to a mediation, both parties shall sign a statement outlining the accepted mediation resolution.f. Should all attempts to mediate the complaint, or the agreed to mediation resolution, not be complied with by either party, either party may request a formal hearing on the original complaint. All records regarding mediation shall become an official part of the formal hearing procedure.g. The primary goal of this Board shall be to make every reasonable attempt to resolve complaints through mutually satisfactory agreement of both parties. Only after it becomes clear that no mutually satisfactory resolution is possible should enforcement action be instituted either in the form of a stipulation, consent order or default.h. Should the Board rule in favor of the respondent (subject of complaint), a notice of such ruling may, after all appeal procedures have been exhausted by the complainant and at the option of the Board, be publicly published.i. Should the Board rule in favor the complainant (party filing complaint), a notice of such ruling will, after all appeal procedures have been exhausted by the respondent, be publicly published.3. Appeals of license action (Refusal to issue/renew; revocation annulment or suspension of license)a. A licensee who is notified that they are subject to refusal to renew may, within fifteen (15) days of such notification, appeal such refusal to the Board of reconsideration, unless such refusal to renew is the result of enforcement action previously heard by the Board and to which all appropriate appeal procedures have been exhausted by the licensee, including action through the courts.b. A licensee who is subject to an order of this Board for revocation, annulment or suspension and upon which such action has been stayed pending the resolution of appeal, must pay all fees due without respect to the stay in effect due to the appeal procedures. Any fees paid under such conditions shall be reimbursable, upon request, on a prorated basis upon final resolution of the appeal.260 R.I. Code R. 260-RICR-30-15-11.7