New Mexico Administrative Code
Title 14 - HOUSING AND CONSTRUCTION
Chapter 12 - MANUFACTURED HOUSING
Part 11 - DISCIPLINE
Section 14.12.11.8 - COMPLAINTS AND HEARINGS
Current through Register Vol. 35, No. 18, September 24, 2024
A. A person claiming to be injured by an alleged violation of the Act or these regulations or by reason of any other cause set forth in Section 60-14-6, NMSA 1978, may file with the division a written complaint which shall state the name and address of the licensee against whom the complaint is made and shall include a concise statement of the alleged violation. If it is determined by the division that the complaint is insufficient or defective, the complainant shall be promptly notified and permitted to amend the complaint.
B. Upon receipt of a written complaint, the division shall investigate by telephone or by personal contacts within 30 days of receipt of the complaint the alleged violation to determine whether cause exists to investigate further. If such cause exists, an on-site inspection will be made within 30 days of such determination. The consumer shall make himself available during reasonable business hours within the prescribed 30 days.
C. The discovery by the committee or the division that an applicant for a license or permit or renewal of a license or permit under these rules has a disqualifying criminal conviction as defined herein and has failed to disclose this fact on the application, or failed to inform the division within 10 days of conviction shall be grounds for discipline under this rule.
D. If the complaint is not completely resolved by the foregoing method, the committee may proceed with formal disciplinary action in accordance with the Uniform Licensing Act, Sections 61-1-1, et seq., N.M.S.A. 1978, as amended, and the division may conduct further inspections or investigations.
E. The division will charge a re-inspection fee each time a re-inspection is performed on a home that is involved in a consumer complaint. Those consumer complaints that the division investigates that are dismissed by the committee, no fee will be charged. The fee shall be charged to the dealer, manufacturer, installer/repairman, or broker as appropriate.