| (a) If the Department determines the complaint is not
supported by the evidence, is not within the Department's jurisdiction,
contains no violation, or is resolved to the satisfaction of the parties,
the complaint will be closed.
(b) If the Department determines the complaint is sufficiently
supported by the evidence and justifies enforcement action, the complaint
will be closed and referred for an enforcement action.
(c) The Department will notify all parties to the complaint
within 10 business days of closing the complaint (closing notice).
However, if the complaint is closed with a referral for an enforcement
action, the respondent in such enforcement action will be notified
by and through the enforcement action only, and will not receive a
separate closing notice.
(d) A complainant who disagrees with the disposition
of a complaint may appeal by sending a written appeal request to the
Department's division for consumer assistance within 90 calendar days
after the date the closing notice was issued. Upon receipt of a timely
appeal request, a senior member of the Department's division for consumer
assistance or other qualified employee designated by the Commissioner
will review all information and make a determination regarding the
complaint. Unless such review results in a new determination, this
review will be considered final and may not be appealed further with
the Department. The Department will provide the complainant with written
notice concerning the results of a review performed in accordance
with this subsection.
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