N.M. Admin. Code § 14.12.11.8 - COMPLAINTS AND HEARINGS
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.
C. The discovery by the committee or the
division that an applicant for a license or permit or renewal of a license or
permit under these rules has a disqualifying criminal conviction as defined
herein and has failed to disclose this fact on the application, or failed to
inform the division within 10 days of conviction shall be grounds for
discipline under this rule.
D. If
the complaint is not completely resolved by the foregoing method, the committee
may proceed with formal disciplinary action in accordance with the Uniform
Licensing Act, Sections
61-1-1, et seq., N.M.S.A. 1978, as
amended, and the division may conduct further inspections or
investigations.
E. The division
will charge a re-inspection fee each time a re-inspection is performed on a
home that is involved in a consumer complaint. Those consumer complaints that
the division investigates that are dismissed by the committee, no fee will be
charged. The fee shall be charged to the dealer, manufacturer,
installer/repairman, or broker as appropriate.
Notes
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