Current through Register Vol. XLI, No. 21, May 23, 2024
Section 28-3-4 - Filing of Complaints4.1. The board may accept complaints alleging that a contractor has done one or more of the following:(a) Abandoned, without legal excuse, any construction project or operation engaged in or undertaken by the contractor;(b) Willfully failing or refusing to complete a construction project or operation with reasonable diligence, thereby causing material injury to the consumer;(c) Willfully departed from or disregarded plans or specifications in any material respect without the consent of the parties to the contract;(d) Willfully or deliberately violated the building laws or rules of the state or of any political subdivision of the state;(e) Willfully or deliberately failed to pay any moneys when due for any materials free from defect, or services rendered in connection with the person's operations as a contractor when that person has the capacity to pay or when that person has received sufficient funds under the contract as payment for the particular construction work for which the services or materials were rendered or purchased, or the fraudulent denial of any amount with intent to injure, delay or defraud the person to whom the debt is owed;(f) Willfully or deliberately misrepresented a material fact in obtaining a contract for construction or services or in connection with any official licensing matters;(g) Willfully or deliberately failing to comply in any material respect with the provisions of the Act or the rules of the board;(h) Willfully or deliberately acting in the capacity of a contractor when not licensed, or as a contractor by a person other than the person to whom the license is issued except as an employee of the licensee;(i) Willfully or deliberately acting with the intent to evade the provisions of the Act by: (i) Aiding or abetting an unlicensed person to evade the provisions of the Act;(ii) combining or conspiring with an unlicensed person to perform an unauthorized act;(iii) allowing a license to be used by an unlicensed person; or(iv) attempting to assign, transfer, or otherwise dispose of a license or permitting the unauthorized use of the license.(j) Engaging in any willful, fraudulent or deceitful act in the capacity as a contractor causing substantial injury to another person;(k) Performing work which is not commensurate with a general standard or the specific classification of contractor or which is below a building or construction code adopted by the municipality or county in which the work is performed or any code adopted by this rule as an inspection standard; or(l) Knowingly employing persons who do not have the legal right to be employed in the United States.4.2. All complaints to the board shall be in writing. The board shall provide forms for the filing of complaints by complaints submitted in other forms shall be accepted by the board. The board, on its own initiative, may file complaints. The board shall review each complaint to determine whether it should be dismissed, or subjected to any other action specified by this rule.4.3. The board shall forward a copy of every complaint to the person named in the complaint. Upon receipt, the person named in the complaint has thirty (30) days in which to respond to the complaint in writing. If, upon consideration of the complaint and the response, the board determines that no violation of any applicable state or federal standard has occurred, the board may dismiss the complaint through the issuance of a written order setting forth the basis for the dismissal. If, however, the board determines that further review or other action is necessary, the board may proceed as set forth in this rule.4.4. Complaints which are subject to the provisions of W. Va. Code § 21-9-1 et seq., the West Virginia Manufactured Housing Construction and Safety Standards Act, shall be deferred to the West Virginia Manufactured Housing Construction and Safety Standards Board for investigation and resolution. The Contractor Licensing Board shall retain custody of the complaint for final resolution and disciplinary action. Provided, however, The Contractor Licensing Board may determine the actions of the Manufactured Housing Construction and Safety Standards Board as an acceptable final resolution of the complaint.