When a complaint is filed against a licensee, which of the following is false?

How to File a Complaint

INSTRUCTIONS AND INFORMATION

CONSUMER COMPLAINT INFORMATION, FILING AND PROCESS PROCEDURES
(PLEASE READ BEFORE COMPLETING THE COMPLAINT FORM)

I. Summary of the Role and Authority of the Contractors' Licensing Board Regarding Complaints:

As a licensing body, the Board has the authority to take disciplinary action against a licensee only by proving a violation of the licensing law governing the practice of general, mechanical, alarm, and fire sprinkler contractors. The Board cannot address contractual disputes, monetary disputes, cosmetic issues, or require a licensee to make repairs or monetary restitution. The Board does require a licensee to conform his/her practice to statutory standards of licensure, published building codes, and published construction standards and may discipline any licensee who fails to do so. Discipline may range from a reprimand, fine, or up to revocation of the license. Statutory standards are minimum requirements. Higher levels of performance can be enforced only by civil courts or binding arbitration when such arbitration is agreed to by the parties to a contract.

II. Filing a Complaint against a Licensee:

Please complete the Online Complaint Form, affix your notarized signature, and return to the Contractors' Licensing Board office. You should attach copies of any support documents, including your contract and building permit. The Board office will retain material submitted. The licensee becomes the Respondent in your complaint.

III. Processing Your Complaint:

1. Your complaint will be reviewed. If it falls within the scope of statutory responsibility and authority of the Contractors' Licensing Board, it will be assigned a case number, and scheduled for investigation. If it does not fall within the Board's jurisdiction, you will be notified

2. If the complaint is valid, an inspection of the property will be scheduled.

The Board's investigator will view and address only those items listed in your complaint to determine if there are code violations, deviations from manufacturer's recommendation for installation or construction standards. A written report will be submitted later with copies to Complainant and Respondent. If there are no observed code violations, construction standards deviations, or other facts to support a possible violation of the licensing statutes, the investigation and case will be closed following submission of the written report. If the report indicates possible violations, it will be submitted to the Board's Investigative Review Committee (IRC) for an evaluation of the evidence and disposition of the complaint, which could include closure, letter of caution, sanction of the license by Consent Agreement, citation or a contested case hearing before the full Board.

IV. Your Role in the Complaint Process:

After you have filed your complaint and jurisdiction is established, the State will investigate in order to obtain facts, which support a charge of a violation(s) and then must prove any allegation of a violation(s) by the Respondent. Your role is to provide facts and be prepared to act as a witness if called by the State's attorney in a contested hearing before the full Contractors' Licensing Board.