CONSTRUCTION INDUSTRIES & MANUFACTURED HOUSING DIVISION

Transcription

1 New Mexic Regulatin and Licensing Department 2550 Cerrills Rad Santa Fe, NM Ph (505) Fax (505) INSTRUCTIONS FOR FILING A COMPLAINT Thank yu fr cntacting The New Mexic Regulatin and Licensing Department Cnstructin Industries and Manufactured Husing Divisin regarding yur request fr investigatin. Enclsed is a cmplaint frm. When yur cmplaint frm is cmpletely filled ut, attach cpies f any dcuments necessary t explain r identify the transactin, such as sales receipts, invices, cntracts, advertisements, etc. We recmmend that yu send cpies instead f the riginals. Please send phtgraph that identify areas f cncern. Als nte that all dcuments and ther materials submitted t ur ffice becme prperty f the State f New Mexic. at Rld-cid-cmplaints@state.nm.us r mail/hand-deliver CID/MHD P>O> Bx Santa Fe, NM the cmplaint frm and attachments t ur Office. When we receive yur cmpleted cmplaint frm and attachments, we will review the infrmatin t determine if yur cmplaint falls within the jurisdictin f ur Office. If we d nt have jurisdictin, we will make every effrt t refer yur cmplaint t an agency that may be able t help yu. Fr instance, the CID/MHD Divisin cannt handle cmplaints f a financial r cntractual dispute (unless a judgment is issues CILA ). A LIST OF COMPLAINTS THAT OUR OFFICE HANDLES AND DOES NOT HANDLE HAS BEEN ATTACHED FOR YOUR CONVENIENCE. If it is determined that ur Office has jurisdictin, the cmplaint will be reviewed by ur Divisin s staff. Once we have an pprtunity t review yur cmplaint and determine the apprpriate actin, ur Divisin will infrm yu that an Investigatin is pen and an investigatr will be assigned t yur case. Als nte that all dcuments and ther materials submitted t ur ffice becme prperty f the State f New Mexic. Once the case is pen yu becme a witness fr the state s investigatin and the investigatr may r may nt cntact yu t cllect further infrmatin. If yu have questins abut the status f the case please call If ur Divisin determines that it is apprpriate t begin the investigatin prcess, we will infrm the business f the cmplaint and prvide it with cpies f the cmplaint and attachments. The business will be asked t respnd t the cmplaint. The CID/MHD Divisin cannt act as a private attrney, give yu legal advice, r represent yu individually in litigatin in curt. Even in the cmplaint reslutin prcess, we d nt act as the cnsumer s attrney. Cnsumer laws in New Mexic allw fr the private and individual right f actin and anyne can file a cnsumer claim in curt. The CID/MHD initiates legal actin n behalf f the Cmmissin/Cmmittee nly when there is a vilatin/s f the licensing Act/s, cde, and /r regulatins. LIST OF COMPLAINTS ACCEPTED

2 New Mexic Regulatin and Licensing Department 2550 Cerrills Rad Santa Fe, NM Ph (505) Fax (505) Befre yu fill ut the attached cmplaint frm, please refer t the list belw t determine if yur cmplaint falls under the jurisdictin and authrity f the New Mexic Cnstructin Industries/ Manufactured Husing Divisin. If yu have any questins please d nt hesitate t cntact ur Office at The type f cmplaints ur Divisin handles: MHD Vilatins: Sales Manufactured Husing Install/Set-Up Cmplaints Manufactured Husing Depsit Cmplaints Manufactured Husing Dealers, Sales & Brkers Manufactured Husing Repair Cmplaints MHD/CID Vilatins: Vilatin f NM State Building Cde Failure t Permit Failure t Inspect Unlicensed Activity Aiding and Abetting Unlicensed Activity Wrking withut Jurneyman Certificatin (CID nly) Wrking beynd the scpe f a cntractr s license Judgments (Divisin will review fr Jurisdictin) Red Tagged Wrk The type f cmplaints ur Divisin des NOT handle: Cntractual r Financial Disputes (withut Judgment- CID nly ) Manufactured Husing transprtatin (Public Regulatin Cmmissin Cde vilatins will be deemed actinable nly if they are vilatins f the State adpted cdes. Lcal enhancements and mdificatins t the State cde will nt be cnsidered in evaluating the vilatin fr the purpse f the cde bnd. CID will crdinate ur investigatins with a lcal building department when a claim is within their jurisdictin. The cde bnd disbursements will be limited t cmplaints received within tw years f the cmpletin f cnstructin. Cmpletin shall be determined by the date f the issuance f a Certificate f Occupancy, the date f issuance f the final inspectin tag, the permit expiratin date r when the cntractr stps wrking n the prject, whichever ccurs last. Cde bnd disbursement will nly be made after the cntractr (bnd hlder) has an pprtunity t crrect the vilatin. The duratin f this pprtunity will be defined by the CID cmpliance prcedure schedule.

3 New Mexic Regulatin and Licensing Department 2550 Cerrills Rad Santa Fe, NM Ph (505) Fax (505) If a cntractr bjects t the claim against the cde bnd, he will be affrded a hearing befre the CIC t explain his case. At the cnclusin f that hearing the CIC will render an pinin which will be final. The Ntice f Cntemplated Actin (NCA) / Disciplinary prcess needs t be reviewed fr its cnsistency with this. If the cntractr (bnd hlder) des nt request a CIC hearing, CID will send the matter directly t the bnd cmpany fr payment. The bnd prceeds must be spent n the crrectin f the cde vilatin. The claimant will need t submit three bids fr the wrk t the bnding cmpany. The bnding cmpany will write a jint check t the lw bidder and the wner after an inspectin is perfrmed by CID that verifies that the cde vilatin has been cured. In the event that the crrectin wrk csts mre than the limits f the cde bnd, the CID inspectr will still attempt t verify that the Bnd funds being disbursed have been allcated t the wrk dne in curing the vilatin. The bnd cmpany fr the cntractr that btained the permit fr the wrk in vilatin will be respnsible fr making payment. Only ne cmpany can be made t pay per vilatin. In the case f a general cntractr and a subcntractr wh pulls his wn permit, if the sub s wrk is in vilatin, it will be the subcntractr s bnd that pays. It is pssible t have multiple vilatins n a single prject. Each respnsible party s bnd will be assessed up t $10,000 t crrect the vilatins fr which they are respnsible. If, fr example, there are general cde vilatins, electrical cde vilatins, and mechanical cde vilatins, each in excess f $10,000, then the general cntractr s, the electrical cntractrs, and the mechanical cntractr s bnds culd all be assessed $10,000. Legal fees are nt cllectable frm the cde bnd disbursements. It is nt necessary fr a specific prblem t ccur frm the cde vilatin, nly that the vilatin is identified and verified by CID. Cde vilatins, fr the purpse f cde bnd claims, will nt be limited t life safety issues. Cde vilatins must be dcumented by the CID inspectr with very specific language that clearly identifies the nature f the vilatin (by cde bk date, chapter, and sectin) and in precisely which lcatins (r lcatins) in the structure that they ccur. If yu are filing a cmplaint regarding a suspected state cde vilatin please nte that any repairs perfrmed by anther cntractr will result in the clsing f this case. Inspectrs must be able t visibly inspect vilatins and phtgraphs will nt be accepted fr inspectin services

4 New Mexic Regulatin and Licensing Department 2550 Cerrills Rad Santa Fe, NM Ph (505) Fax (505) If yur matter des nt fit perfectly int any f these categries, please call us at t discuss yur prblem with ne f ur Cmpliant Investigatrs befre yu file yur cmplaint. We appreciate yur interest and cncern in cntacting the Cnstructin Industries and Manufactured Husing Divisin and lk frward t hearing frm yu. CID MHD Unlicensed Cmpleted Wrk Uncmpleted Wrk PLEASE TELL US ABOUT YOURSELF: Name Address City State Zip Phne Hme/Wrk Mbile COMPLAINT IS AGAINST: Business Name Address City State Zip Cntact Persn/s Phne Cntact Persn/s Phne Prject Address*: City: State: Zip Cde: * Des this address fall utside f city limits: YES: NO:

5 New Mexic Regulatin and Licensing Department 2550 Cerrills Rad Santa Fe, NM Ph (505) Fax (505) If yes specify Cunty Date wrk cmpleted: Manufacture Hme Identificatin if applicable: Manufacture: Retailer: Installer: Year/Mdel: Purchase Date: New Use Serial Number: Width: Length: *HUD Label Number: D yu have a title? Yes N *Hw t lcate the HUD label number n the Manufactured Hme Rear f Hme Hme Frnt f Hme (Twbar End) The Aluminum HUD label is 2 x 4 and shuld be lcated n the back end utside f the hme in the lwer left crner. Please prvide a vicinity map and directins t the lcatin f the hme. Nrth West East Suth Written directins t the Address:

6 New Mexic Regulatin and Licensing Department 2550 Cerrills Rad Santa Fe, NM Ph (505) Fax (505) First cntact between yu and the business: 2. Where did the transactin take place? 3. Date(s) f Transactin(s) 4. Did yu sign a cntract? (if Yes please enclse a cpy) 5. Amunt f payment: $ (please enclse a cpy f all receipts and checks) Cash Credit Card Lan Check Date check was cashed (please send cpies frm bank statement): 6. Have yu cmplained t the business? Yes/ N If yes, when What was the business respnse? 7. Have yu filed a cmplaint with anther agency? If s, which agency? What actin was taken? Please describe yur cmplaint in detail. (Attach additinal sheets if necessary)

7 New Mexic Regulatin and Licensing Department 2550 Cerrills Rad Santa Fe, NM Ph (505) Fax (505) Will yu allw the cntractr back n the prperty t crrect any determined cde vilatins? yes n Have yu retained an attrney t represent yu in this matter? yes n Has a lawsuit been filed? yes n I have read the preceding infrmatin and it is true t the best t my knwledge and belief. I understand that a cpy f this cmplaint will be sent t the persn r cmpany against whm I am filing this cmplaint. I understand that if I have knwingly filed false r misleading infrmatin, this cmplaint may be clsed by the Cnstructin Industries and Manufactured Husing Divisin. I further understand that my cmplaint is a public recrd and is subject t inspectin by members f the public. Signature Date