(a) In accordance with the provisions of §1201.605
of the Standards Act, the Director may assess and enforce penalties
and sanctions against a person who violates any applicable law, rule,
regulation, or administrative order of the Department.
(b) The determination of any penalties or other sanctions
to be assessed shall be based on the consideration of statutory factors
and whether the person against whom such penalties and/or sanctions
are to be assessed has timely and in good faith taken the necessary
steps to achieve, to the extent feasible, full compliance with all
applicable state and federal laws, rules, and regulations and taken
appropriate measures to prevent future violations.
(c) When a licensee first receives written notification
of a claim for warranty service, the licensee must respond promptly
to the request. A failure to do so shall constitute a violation of
this chapter.
(d) Immediate corrective action is required if the
matter involves an imminent safety hazard.
(e) If, after reasonable investigation, a licensee
disputes whether warranty service is required and the licensee is
unable to resolve the matter by agreement with the consumer, the licensee
may request that the Department perform an inspection of the home.
The running of the time to respond to the request for warranty service
will be suspended from the time the request for inspection is received
until the Department performs the inspection and issues its findings.
When the Department concludes its review it will work with the affected
licensee(s) and consumer(s) to agree upon a reasonable time to address
its findings. In the event the parties cannot agree on a reasonable
time, the Director shall issue a revised order assigning a time for
compliance. An agreed or ordered time to respond to a request for
warranty service may be extended by the Director in response to a
request setting forth good cause for the extension. Any such request
must be made to the Director prior to the expiration of the allotted
time for response. Requests may be made by U.S. First Class mail,
by FAX, or by e-mail, or, if followed with written confirmation sent
U.S. First Class mail, or by telephone.
(f) Any and all penalties are IN ADDITION to full compliance
with the Standards Act and Rules (i.e., full, prompt corrective action,
restitution, or whatever else the Standards Act and rules would have
required in the first place). Failure to provide such compliance on
a timely basis, as specified in the applicable order, will be deemed
to be a violation of the order and serve as a basis for pursuing additional
administrative action, including the assessing of additional penalties
and the pursuit of suspension or revocation of licenses.
(g) The Department offers, at no charge, alternative
dispute resolution as an inexpensive and informal way of attempting
to resolve any claim or dispute. Depending on the parties, this may
involve informal meetings or non-binding mediation. Alternative dispute
resolution is available upon request. In the event that a disputed
matter cannot be resolved in this manner, the Department reserves
the right to pursue all other lawful means of resolution including,
but not limited to, pursuit of administrative remedies.
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