Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.9 - Complaints

Current through June 14, 2024
1.9.1
Duty to Participate
All persons who are registered/licensed, or who
					 are required to be registered/licensed, shall participate and make
					 good faith efforts to resolve all complaints, violations, and/or
					 contested cases within the jurisdiction of the Board. Failure to do
					 so shall result in the Board taking action against the respondent, to
					 the extent allowable by law, including suspension or revocation of a
					 contractor's registration/license, without which an individual cannot
					 work as a contractor in the state.
1.9.2
Complaints
				 Generally
A. Complaints
				 shall only be accepted for work or services performed within the
				 boundaries of the State of Rhode Island, or for materials or
				 equipment supplied or rented for fabrication into or use upon
				 structures located within the boundaries of the State of Rhode
				 Island. Unless otherwise specified, the Board shall only accept
				 complaints from complainants who can demonstrate standing to bring
				 the complaint.
B. A
				 complaint may be made by any Person against any registrant/licensee
				 or any Person who is required to be registered/licensed but is not
				 registered/licensed by the Board. Such statement of complaint shall
				 be in writing, signed by the complainant, and made on a form as
				 required by the Board.
C.
				 A complaint may contain an allegation of a claim and/or
				 violations.
D. When
				 submitting a complaint, complainants are encouraged to provide copies
				 of all supporting documentation, including but not limited to:
1. Written contracts and
				 agreements;
2.
				 Invoices;
3.
				 Billings;
4.
				 Estimates;
5.
				 Receipts;
6. Cancelled
				 checks;
7. Court or
				 arbitration information/judgments; and
8. Notices of counter claims by
				 respondents.
D. Initial Acceptance or Denial of
				 Complaint. The Board shall make an initial determination as to
				 whether the complaint is within the Board's jurisdiction and meets
				 the requirements of R.I. Gen. Laws Chapter 5-65. If jurisdiction
				 exists and the requirements for acceptance are met, the Board shall
				 process the complaint. If jurisdiction does not exist, and/or the
				 requirements for acceptance are not met, the Board shall deny the
				 complaint.
E. Complaints
				 Based on Valid Contract Containing an Arbitration Clause
1. A complaint for work performed
				 pursuant to a valid contract which contains a requirement that the
				 parties resolve their dispute through an arbitration process, shall
				 not be accepted by the Board, unless both parties, within forty-five
				 (45) days of the filing of the complaint, agree in writing to waive
				 the arbitration clause and consent to the jurisdiction of the Board
				 for resolution of the dispute.
2. If the dispute is resolved
				 through arbitration, the decision may be submitted to the Board for
				 consideration of whether the decision establishes the basis for
				 disciplinary action against the registration/license of the
				 contractor, not inconsistent with any applicable general laws and/or
				 this Subchapter.
F. Limitations on Complaint Process
1. If the investigation determines
				 that the potential monetary damages and/or restitution exceeds
				 ten-thousand dollars ($10,000), in accordance with R.I. Gen. Laws
				 §
												5-65-12(b),
				 the Board may refuse to continue processing the claim and refer the
				 complainant to Superior Court.
2. If the Hearing Officer
				 determines that a violation of R.I. Gen. Laws Chapters 5-65, 5-65.1,
				 5-65.2, 5-65.3, 5-73, and/or Parts 1-6 of this Subchapter has
				 occurred, the Hearing Officer may;
a. Order that a registrant/licensee
				 complete any unfinished work;
b. Return a deposit if no work has
				 commenced;
c. Issue
				 fines;
d. Suspend or
				 revoke a registration/license; and/or
e. Order the contractor to take
				 additional educational classes if necessary.
3. A Hearing Officer cannot order
				 the Respondent to pay monetary damages and/or restitution. However,
				 the payment of monetary damages and/or restitution can be agreed to
				 by the Parties as part of any settlement/agreement.
4. If applicable, a claim may be
				 brought in the Superior Court, pursuant to R.I. Gen. Laws §
												5-65-12.1.