Alabama Administrative Code
Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS
Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS
Section 440-X-6-.04 - Initiation Of Compliance Investigation
Current through Register Vol. 42, No. 11, August 30, 2024
(1) The Board may initiate investigations, as it deems appropriate, to determine compliance with state law and the rules and regulations of the Board including the competency, ability, and integrity of an individual certified or registered by the Board.
(2) The Board shall consider consumer complaints which must include the following:
(3) Upon receipt of a written complaint the Executive Director and staff will review the information to determine if a certified contractor has potentially violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Executive Director shall then provide for an investigation by Board staff to determine if there is sufficient evidence to warrant disciplinary proceedings.
(4) The Board shall retain the authority to pursue or discontinue any investigation based on the information obtained in during the investigation of a complaint.
(5) The Board may require a certified contractor to submit a written and sworn statement to the Board in response to any complaint or investigation by the Board.
(6) All reports of investigations of complaints against certified contractors shall be submitted to the Investigative Committee prior to moving forward with disciplinary action.
(7) When an investigation concludes no probable cause exists to move forward with disciplinary action the complaint file shall be closed, and a letter of closure issued. The complaint may be reinvestigated within the jurisdictional timeframe set by the Board if circumstances so warrant.
(8) The Board shall refer any investigation involving possible criminal violations of state law to the State Attorney General or other appropriate state, county or local law enforcement agency.
Original Rule .02 was renumbered .04 per certification published November 30, 2021; effective: January 14, 2022.
Author: Jeffrey M. Becraft
Statutory Authority: Code of Ala. 1975, § 31-31-32.