W. Va. Code R. § 42-19-13

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 42-19-13 - Complaints; Notice of Violation; Informal Presentation of Views; Contested Case Hearing

13.1. Any person alleging a violation of the federal standards, the Act, or rules of the Board may file a complaint with the Board. All complaints shall be in writing and include the name, address, and phone number of the complainant.

13.1.1. Upon receipt of any complaint or other information indicating the possible existence of a noncompliance, defect, serious defect, or imminent safety hazard under the federal standards, the Board shall forward the complaint or information to the manufacturer of the manufactured home and to the SAA of the state where the home was manufactured.

13.1.2. The Division shall review each complaint filed with the Board.

13.1.2.a. If the Division determines that the matters raised in the complaint are outside of the Board's jurisdiction, the Division shall inform the complainant in writing.

13.1.2.b. If the Division determines that the matters raised in the complaint are within the Board's jurisdiction, the Division shall conduct an investigation and an inspection of the manufactured home and the relevant records maintained by the manufacturer, dealer, distributor, or contractor.

13.2.

13.2.1. If, after investigation, the Division determines that no violation of the federal standards, the Act, or rules of the Board occurred, the Division shall inform the complainant and the manufacturer, dealer, distributor, or contractor in writing.

13.2.2. If, after investigation, the Division determines that a violation of the federal standards, the Act, or rules of the Board occurred, the Division shall issue a Notice of Violation to the responsible licensee that specifies the condition found and the federal standard or state law provision violated.

13.2.3. The licensee shall be afforded no longer than 30 days from receipt of notice to correct the condition specified in the Notice of Violation.

13.3. Any licensee issued a Notice of Violation may request, within 10 days of receipt, an informal presentation of views to contest either the Notice of Violation or the reasonableness of the amount of time afforded to correct the condition violating the federal standard or state law provision.

13.3.1. If a licensee fails to timely request an informal presentation of views, the Notice of Violation becomes a final order of the Board.

13.3.2. If a licensee timely requests an informal presentation of views, the Division shall schedule it within 30 days of receipt of the request.

13.3.3. The time specified in the Notice of Violation to correct the condition is stayed pending the informal presentation of views unless the condition constitutes an imminent safety hazard or serious defect.

13.3.4. The informal presentation of views is not an adversarial proceeding and it may be written or oral. The rules of evidence do not apply, testimony is not required to be taken under oath, nor is cross-examination permitted.

13.3.5. The Division shall inform the licensee in writing by certified mail of its findings within five days of the conclusion of the informal presentation of views.

13.4. A licensee may request for the matter to be referred to the Board as a contested case within five days of receipt of notice of the Division's findings after the informal presentation of views.

13.4.1. If the licensee timely requests for the matter to be referred to the Board for a contested case hearing, the Board may refer the matter to a hearing examiner within five days of receipt of the request.

13.4.2. The hearing examiner shall schedule the hearing to commence within 45 days of receipt of the referral and shall send written notice to the parties specifying the date, time, and place of the hearing at least 10 days prior to the hearing.

13.4.3. The licensee must request from the hearing examiner, in writing, any additional stay of time to correct the condition specified in the Notice of Violation. The hearing examiner shall grant an additional stay upon good cause shown.

13.4.4. Following the contested case hearing, the hearing examiner may direct the parties to submit proposed findings of fact and conclusions of law within 20 days of the hearing: Provided, That if a transcript of the hearing is requested at the hearing, the parties shall have 20 days from receipt of the transcript to submit the proposed findings of fact and conclusions of law.

13.4.5. The hearing examiner shall submit a recommended decision to the Board within 30 days of receipt of the parties' proposed findings of fact and conclusions of law. The hearing examiner may recommend the imposition of any appropriate disciplinary sanction permitted by this rule.

13.4.6. The Board shall accept, reject, or modify the hearing examiner's recommended decision and issue a final order within 30 days of receipt of the recommended decision.

W. Va. Code R. § 42-19-13