Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 7 - Disciplinary Actions › Section XL-703 - Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Anyone with
				knowledge that a licensee or member of the public is or has been engaged in any
				conduct proscribed by the law or these rules, may file a written complaint with
				the board against that person. Complaints filed by members of the public must
				be filed within one year of the conduct alleged to be prescribed by the law or
				these rules. This shall not apply to complaints filed by the board.
B. An information memorandum approved by the
				board containing instructions for filing a complaint shall be mailed or emailed
				to anyone requesting such information from the board and shall be made
				available on the board's official website.
C. The complaint shall specifically identify
				the licensee or member of the public and describe the misconduct.
D. The complaint shall refer to specific
				violations of these rules or of the Home Inspector Licensing Law. If the
				complaint involves violations of the standards of practice that the licensee
				did not observe or report, a list of those items must be submitted with the
				complaint along with the corresponding violation of the standards of practice.
				A copy of any documentation supporting the allegations shall be filed with the
				complaint, if available, including but not limited to, photographs, the
				pre-inspection agreement, the inspection report, and any reports made by any
				other consultant.
E. The complaint
				shall be in writing, signed by the complainant, and dated. The complaint shall
				include the complainants mailing address, a daytime phone number at which the
				complainant may be reached, and the street address of the structure made the
				basis of the complaint, if applicable.
F. The board shall not consider complaints
				against those performing services that are under the jurisdiction of other
				regulatory agencies or licensing boards, such as, wood destroying insect
				inspections, appraisals, or services rendered by licensed architects,
				engineers, or general contractors, unless the persons rendering those services
				may have violated the provisions of these rules and/or the home inspector
				licensing law.
G. Based upon a
				review of the records of the board kept in the ordinary course of business, the
				chief operating officer of the board may initiate a complaint against a
				licensee based upon the delinquency or failure of the licensee to make timely
				payment of fees, fines, or assessments, upon the failure of the licensee to
				timely and properly renew a license, or upon the failure of the licensee to
				comply with reporting requirements, continuing education requirements,
				insurance requirements, or other requirements of the licensee. In all such
				cases, the chief operating officer shall send the licensee notification by
				email or certified mail specifically outlining the delinquency or violation,
				including any amounts due, if applicable. The chief operating officer may also
				initiate a complaint in accordance with this Section. The licensee shall
				either, pay any fees and fines due, provide proof of compliance or, in the
				event a complaint is filed, respond, in writing, within 14 days of receipt of
				the notice disputing the claim or amounts due. A licensee's failure to respond
				within the delays shall be prima facie proof of his noncompliance subjecting
				the licensee to immediate suspension after hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475,
				  R.S.
				  37:1483, and
				  R.S.
				  37:1485-1487.