- (1) Consumer Complaint: A complaint initiated by any written notice from a consumer that a certified contractor has performed substandard installation, service, or repair of a heating and air conditioning, or commercial refrigeration system
- (2) Board Complaint: A complaint initiated by a Board compliance officer, certified contractors, or municipal, county, or state official charged with the responsibility of issuing building or similar permits.
- (3) Administrative Complaint: A legal document which contains notice of the time and place of an administrative hearing; contains a statement of the charges against the certified contractor; and complies with the notice provisions for contested cases as set forth in the Alabama Administrative Procedures Act.
- (4) Fine: A monetary penalty imposed by the Board.
- (5) Settlement Agreement: Informal offer to resolve a consumer or Board compliant in lieu of the administrative compliant process.
- (6) Consent Agreement: Informal offer to resolve a complaint involving an unlicensed contractor in lieu of criminal proceedings.
- (7) Private Reprimand: Letter of disciplinary action to formally reprove or censure a certified contractor for unprofessional or unlawful conduct, with the documentation of the action being classified as a private record
- (8) Public Reprimand: Letter of disciplinary action to formally reprove or censure a certified contractor for unprofessional or unlawful conduct, with the documentation of the action being part of the contractor's licensure file and may be published online or in the Board's newsletter.
- (9) Probation: The monitored practice of heating and air conditioning or refrigeration which permits the certified contractor to continue to work pursuant to specified conditions as set forth by the Board.
- (10) Revocation: The withdrawal of the license by Board action
- (11) Suspension: The temporary withdrawal of the license by Board action.
- (12) Voluntary Surrender: The voluntary relinquishment of a license that has the force and effect of revocation.
- (13) Violation Letter: A letter from the Board detailing each violation found during an investigation into a consumer complaint.
- (14) Letter of Closure: A letter from the Board notifying a contractor that no probable cause has been found after an investigation into a Board or consumer complaint.
- (15) Investigative Committee: A committee comprised of at least one Board member; the executive director of the Board; and the Board's attorney which determine whether probable cause exists to discipline a certified contractor or unlicensed contractor. The Board shall name the Board member to serve on the Investigative Committee on an annual basis.
Author: Jeffrey M. Becraft; Ellen Leonard
Statutory Authority: Code of Ala. 1975, §31-31-32.
History: New Rule: Published November 30, 2021; effective: January 14, 2022.