Section 338.1551. Complaints; filing.

(1) A complaint shall be submitted in  a  form  specified  by   the department.

(2)   Upon receipt of a valid and written complaint, the department shall assign a complaint number, acknowledge the complaint and forward a copy of the complaint to the licensee. The licensee shall reply to the department within 15 days from receipt of the complaint and shall confirm or deny thejustification of the complaint. A complaint acknowledged as  justified  shall be corrected within a reasonable time. If a complaint or a portion of the complaint is not acknowledged by the licensee as being justified,  then the department shall notify the complainant of the area of disagreement.

(3)    If the complaint or the information submitted by the complaining party is incomplete or disputed by the licensee, the department may require the complaining party to furnish additional information. The report  shall indicate what steps, if any, have been taken by the complaining party before any other governmental agency or any other pertinent information regarding the subject matter of the complaint. Before the department takes any further action it shall obtain a report from local building officials or proper local authorities, and if the department cannot obtain a report from the local building official or proper local authorities, then a person authorized by the department shall make an inspection to  determine  if the  complaint  is justified.

(4)    If a complaint is justified by the local building inspector or by a person authorized by the department to make inspections, the  builder  or contractor shall correct the complaint within a reasonable time. Failure or refusal by the licensee to correct a structural matter that is materially deficient, dangerous, or hazardous to the owners  shall  be  presumed  to  be dishonest or unfair dealing.

(5)   Standards of construction shall be in accordance with the  local building code, or in the absence of a code in accordance with the building code of the nearest political subdivision having a building code.

History: 1979 AC; 2006 AACS.