02-385 C.M.R. ch. 370
SUMMARY: This chapter sets forth a licensee’s right to appeal certain board actions. This chapter also describes the complaint, investigation and disciplinary procedures followed by the board.
An applicant or licensee may appeal a license denial to the board by filing a request for hearing with the board within 30 days of the applicant’s or licensee’s receipt of notice of the denial. An adjudicatory hearing will be scheduled upon receipt of a timely appeal. Non-timely appeals will be denied without hearing.
A complaint alleging a violation of the Manufactured Housing Act, the Manufactured Housing Warranties law or the rules of the board may be filed with the board. Complaints may be filed orally, electronically or in writing. The board may require that an oral complaint be reduced to writing. The board may also file a complaint of its own volition.
The board’s jurisdiction over complaints relating to State-certified modular homes extends only to the envelope of the home.
Upon receipt of a complaint the board will ordinarily notify the licensee of the complaint in writing. The licensee shall file a written response with the board no later than 20 days after the licensee’s receipt of written notice from the board.
Upon receipt of the licensee’s response, or after 20 days have elapsed from the licensee’s receipt of notice and no response has been received, the board will ordinarily assign an inspector or the Executive Director to inspect the unit. Alternatively, board staff may conduct an inspection prior to receipt of the licensee’s response or expiration of the 20-day response period.
The board may decline to assign an inspector if the board dismisses the complaint upon consideration of the licensee’s response, or determines that the licensee has satisfactorily remedied the circumstances that led to the filing of the complaint.
Following inspection, board staff will ordinarily prepare a written report of the inspection, and shall issue any necessary notice of violation and order of correction. The board will provide copies to the complainant and licensee.
The licensee shall respond in writing to a notice of violation and order of correction within 30 days after receipt. The licensee shall fully comply with a notice of violation and order of correction within 45 days after receipt, or such shorter time as the Executive Director may require. The Executive Director may extend the time for compliance upon request of the licensee if the Executive Director determines that the licensee is acting in good faith and that compliance within 45 days (or such shorter time period set by the Executive Director) is impractical. Re-inspections may be conducted as necessary to verify that a violation has been fully corrected.
The board may dismiss the complaint if no violation is found upon inspection, or if the Executive Director determines on the basis of the inspection that the licensee has satisfactorily remedied the circumstances that led to the filing of the complaint.
Pursuant to 10 MRSA §9005(1), the board hereby delegates to board inspectors and the Executive Director authority to issue notices of violation and orders of correction pursuant to Section 5(A) of this chapter.
A licensee may appeal a notice of violation and order of correction by filing a written notice of appeal with the board within 30 days after receipt of the order. The board will schedule an appeal hearing as soon as practicable upon receipt of a timely notice of appeal. The appeal hearing will be conducted de novo and will be governed by the provisions of the Maine Administrative Procedures Act applicable to adjudicatory hearings. The inspector who issued the order on appeal shall have the burden of proof at the appeal hearing. If the board upholds the order of correction, it shall prescribe the time for compliance. The licensee may appeal the board’s decision by filing a petition for review in Superior Court in accordance with 5 MRSA §11001 et seq. within 30 days
after receipt of the written decision.
If a licensee fails to timely respond to or timely comply with an order of correction, the Executive Director may present the complaint to the board for disciplinary action as described in the Administrative Complaint Procedures followed by the Department of Professional and Financial Regulation, Office of Licensing and Registration.
Notwithstanding the provisions of this chapter, a proceeding by the board alleging that a defect or noncompliance may exist in a class of manufactured homes shall follow the procedure set forth in 24 CFR §3282.407 and Chapter 110, Subpart C, Section III(C) of the board’s rules, entitled “State Certification of Manufactured Housing - Authority.”
STATUTORY AUTHORITY: 10 M.R.S.A. §§9005, 9009, and 9021
EFFECTIVE DATE:
July 17, 1978
AMENDED:
July 6, 1982
April 1, 1992
December 1, 1995
EFFECTIVE DATE (ELECTRONIC CONVERSION):
January 11, 1997
AMENDED:
August 16, 2000
REPEALED AND REPLACED:
March 14, 2007 – filing 2007-92