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-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Consumer
			 Complaint: A complaint initiated by any written notice from a consumer that a
			 certified contractor has performed substandard installation, service, or repair
			 of a heating and air conditioning, or commercial refrigeration system
(2) Board Complaint: A complaint initiated by
			 a Board compliance officer, certified contractors, or municipal, county, or
			 state official charged with the responsibility of issuing building or similar
			 permits.
(3) Administrative
			 Complaint: A legal document which contains notice of the time and place of an
			 administrative hearing; contains a statement of the charges against the
			 certified contractor; and complies with the notice provisions for contested
			 cases as set forth in the Alabama Administrative Procedures Act.
(4) Fine: A monetary penalty imposed by the
			 Board.
(5) Settlement Agreement:
			 Informal offer to resolve a consumer or Board compliant in lieu of the
			 administrative compliant process.
(6) Consent Agreement: Informal offer to
			 resolve a complaint involving an unlicensed contractor in lieu of criminal
			 proceedings.
(7) Private Reprimand:
			 Letter of disciplinary action to formally reprove or censure a certified
			 contractor for unprofessional or unlawful conduct, with the documentation of
			 the action being classified as a private record
(8) Public Reprimand: Letter of disciplinary
			 action to formally reprove or censure a certified contractor for unprofessional
			 or unlawful conduct, with the documentation of the action being part of the
			 contractor's licensure file and may be published online or in the Board's
			 newsletter.
(9) Probation: The
			 monitored practice of heating and air conditioning or refrigeration which
			 permits the certified contractor to continue to work pursuant to specified
			 conditions as set forth by the Board.
(10) Revocation: The withdrawal of the
			 license by Board action
(11)
			 Suspension: The temporary withdrawal of the license by Board action.
(12) Voluntary Surrender: The voluntary
			 relinquishment of a license that has the force and effect of
			 revocation.
(13) Violation Letter:
			 A letter from the Board detailing each violation found during an investigation
			 into a consumer complaint.
(14)
			 Letter of Closure: A letter from the Board notifying a contractor that no
			 probable cause has been found after an investigation into a Board or consumer
			 complaint.
(15) Investigative
			 Committee: A committee comprised of at least one Board member; the executive
			 director of the Board; and the Board's attorney which determine whether
			 probable cause exists to discipline a certified contractor or unlicensed
			 contractor. The Board shall name the Board member to serve on the Investigative
			 Committee on an annual basis.
Authors:
Jeffrey M. Becraft; Ellen
				  Leonard
Statutory Authority:
Code of Ala.
				  1975
, §
										31-31-32.