La. Admin. Code tit. 46 § XL-703

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

Section XL-703 - Complaints

A. Anyone with knowledge that a licensee or member of the public is or has been engaged in any conduct proscribed by the law or these rules, may file a written complaint with the board against that person. Complaints filed by members of the public must be filed within one year of the conduct alleged to be prescribed by the law or these rules. This shall not apply to complaints filed by the board.

B. An information memorandum approved by the board containing instructions for filing a complaint shall be mailed or emailed to anyone requesting such information from the board and shall be made available on the board's official website.

C. The complaint shall specifically identify the licensee or member of the public and describe the misconduct.

D. The complaint shall refer to specific violations of these rules or of the Home Inspector Licensing Law. If the complaint involves violations of the standards of practice that the licensee did not observe or report, a list of those items must be submitted with the complaint along with the corresponding violation of the standards of practice. A copy of any documentation supporting the allegations shall be filed with the complaint, if available, including but not limited to, photographs, the pre-inspection agreement, the inspection report, and any reports made by any other consultant.

E. The complaint shall be in writing, signed by the complainant, and dated. The complaint shall include the complainants mailing address, a daytime phone number at which the complainant may be reached, and the street address of the structure made the basis of the complaint, if applicable.

F. The board shall not consider complaints against those performing services that are under the jurisdiction of other regulatory agencies or licensing boards, such as, wood destroying insect inspections, appraisals, or services rendered by licensed architects, engineers, or general contractors, unless the persons rendering those services may have violated the provisions of these rules and/or the home inspector licensing law.

G. Based upon a review of the records of the board kept in the ordinary course of business, the chief operating officer of the board may initiate a complaint against a licensee based upon the delinquency or failure of the licensee to make timely payment of fees, fines, or assessments, upon the failure of the licensee to timely and properly renew a license, or upon the failure of the licensee to comply with reporting requirements, continuing education requirements, insurance requirements, or other requirements of the licensee. In all such cases, the chief operating officer shall send the licensee notification by email or certified mail specifically outlining the delinquency or violation, including any amounts due, if applicable. The chief operating officer may also initiate a complaint in accordance with this Section. The licensee shall either, pay any fees and fines due, provide proof of compliance or, in the event a complaint is filed, respond, in writing, within 14 days of receipt of the notice disputing the claim or amounts due. A licensee's failure to respond within the delays shall be prima facie proof of his noncompliance subjecting the licensee to immediate suspension after hearing.

La. Admin. Code tit. 46, § XL-703

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 30:1693 (August 2004), 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, R.S. 37:1483, and R.S. 37:1485-1487.