S.C. Code Regs. 79-31 - Complaints and Hearings

(A) Any person claiming to be injured by an alleged violation of the Act or these Regulations may file a written complaint with the Department which shall contain the name and address of the licensee(s) against whom the complaint is made, a concise statement of the alleged violation, and any other pertinent information that the Board may determine necessary to adequately evaluate the complaint.

(B) Upon receipt of a written complaint, the Department shall investigate by telephone or personal contact the alleged violation to determine whether cause exists to investigate further. If such cause exists and involves matters pertaining to the warranty or nonconformance of a manufactured home, the Department shall contact by mail the licensee(s), forwarding a copy of the written complaint, and request correction of the alleged violation(s) within ten (10) days upon receipt. If the violation(s) is not corrected, the Department may perform an on-site inspection of the home.

(1) The Department shall notify the licensee(s) and consumer by mail of the date and time of the inspection. The licensee(s) must be present for the inspection, but may be relieved under special circumstances or upon reasonable request in writing prior to inspection date.

(2) The consumer shall make himself available during reasonable business hours to be present for the inspection.

(3) From the date of the inspection the licensee(s) shall be given thirty (30) days in which to correct any violation(s) noted during the on-site inspection.

(4) If the violation(s) has not been satisfactorily corrected within the thirty (30) days and the licensee(s) has not provided a satisfactory explanation, the licensee(s) shall be directed, after proper notification, to appear before the Hearing Examiner for the Manufactured Housing Board for an administrative hearing.

(C) If the complaint involves nonstructural matters, the licensee will be forwarded a copy of the written complaint and advised that corrections must be made within fifteen (15) days as to the action that the licensee has taken or intends to take in order to resolve the complaint. If the complaint is not resolved within the fifteen (15) days, the licensee shall be directed, after proper notification, to appear before the Hearing Examiner for the Board for an administrative hearing.

Notes

S.C. Code Regs. 79-31

Added by State Register Volume 29, Issue No. 2, eff February 25, 2005.