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. 13, July 16, 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.
(1) The division shall contact the licensee
				by mail and request correction of the violations within 40 day's of receipt of
				the complaint. The letter may also request investigation according to Subpart I
				of the
Federal Manufactured Home Construction and Safety Standards,
				Federal Procedural and Enforcement Regulations,
which require
				investigation of class or re-occurrences of non-conformances to the federal
				standards.
(2) Following this
				initial 40 day period, if it is determined that there is no cause for the
				complaint, the complaint shall be dismissed. The division shall also place all
				information in their consumer complaint files for five years after closing of
				the case. This information shall include:
(a)
				the determination;
(b) who made
				the determination; and
(c) how the
				determination was made.
(3) If the committee determines that there is
				cause for the complaint, the division shall attempt to achieve a satisfactory
				resolution of the complaint through correspondence or informal conference. All
				resolutions are pending final approval of the committee.
(4) If the committee determines that the
				items requested to be corrected by the complainant are the responsibility of
				the manufacturer, and that these items are required to be corrected under the
				federal regulations, the manufacturer will be requested to submit a
				notification and correction plan to the director of the manufactured housing
				division within 20 days of receipt of the letter and as required under Subpart
				I of the federal regulations. If, within 20 days and there does not seem to be
				a reoccurrence of the same deficiencies, no formal plan needs to be submitted
				if the division has granted waiver to the plan. If a plan is submitted to the
				division, the division shall approve or modify the plan and send it back to the
				manufacturer for remedial action. The plan shall include, but not be limited
				to, a list of manufactured homes affected, method of correction, content of
				notification notice to consumer and the requirements as detailed under Subpart
				I of the federal regulations. The manufacturer shall have 60 days to notify and
				correct and an additional 30 days to submit closeout reports of all action
				taken by the manufacturer in the case.