Current through Register Vol. 47, No. 12, December 22, 2023
A. In the event the
responsible licensee(s) is unavailable or otherwise fails to resolve a
complaint registered by a consumer, a claim may be filed against the surety
bond or other approved security of the appropriate licensee(s) for the
resolution of the complaint. Proceeds from the surety bond or other approved
security may be disbursed only to the consumer who has followed the complaint
process as provided by the Board or to a licensed retail dealer or manufacturer
of a consumer's home who has performed service on the consumer's home on behalf
of an out of business licensee.
(1) When it
has been determined by investigation and/or inspection that the claim is valid,
the consumer will be notified that a claim may be filed;
(2) If the complaint involves money, title or
contractual dispute, the consumer will be requested to present receipts,
canceled checks, contracts and other documentation to substantiate the
claim.
(3) If the complaint
involves repairs the consumer will be requested to provide estimates, which
will be reviewed by the Department and an estimate will be chosen, if
reasonable.
(4) In circumstances
where the consumer has attempted but has been unsuccessful in obtaining
estimates, the consumer may petition the Department for waiver of the
requirement. The petition shall be a statement by the consumer of all efforts
made in attempting to obtain estimates and the results of those
efforts.
(5) If the complaint
involves reimbursement for repairs the consumer will be requested to present
the bill(s) received for repairs. The Department will review the cost(s) and a
determination will be made as to whether the cost(s) is fair and
reasonable.
(6) If repairs are
necessary to maintain the safety, health and well-being of the consumer, or if
a delay in repairs may cause further damage to the consumer's property, and a
licensed retail dealer or manufacturer of the consumer's home is out of
business, service may be provided to that consumer's home by the other
currently licensed party on behalf of the out of business licensee. That
licensee may petition the Board for reasonable reimbursement under the surety
bond or other approved security of the licensee which is out of
business.
B. All claims,
upon determination by the Department to be reasonable will be presented to the
Board Chairman for authorization to pay the claim.
Added by State Register
Volume 29, Issue No. 2, eff February 25,
2005.
