Pursuant to Code of Alabama 1975, § 34-14A-8, the Board may revoke or suspend the license of any licensee who, in the opinion of the Board, has committed fraud or deceit in obtaining a license required by the Act or who has been guilty of gross negligence, incompetence, or misconduct in the practice of residential homebuilding. In addition to any other disciplinary action authorized pursuant to the Act, the Board may levy and collect administrative fines for violations of the Act or the rules or regulations of the Board in an amount not to exceed two thousand dollars ($2,000) for each violation. (Acts 1992, No. 92-608, p. 1282, § 8; Acts 1997, No. 97-250, § 3; Acts 2002, No. 02-72.) See Reg. 465-X-5-.07 for details on the revocation and suspension of a license and the imposition of administrative fines.
Any person may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against any licensee. Charges must be made in writing and sworn to by the person making the charges. Consumers may contact the Compliance Division of the Board for a consumer complaint form. In the event a complaint is filed against a licensee, residential homebuilder, or any other person or the Board determines from other information that an investigation is necessary, the complaint is investigated pursuant to Reg. 465-X-5-.03.
The Board may reissue a license to a licensee whose license has been revoked, and may reinstate a suspended license prior to the end of the suspension period, if four or more members of the Board vote in favor of the reissuance or reinstatement.
The Board maintains consumer complaint or disciplinary action files on licensed homebuilders. The Board considers its files to be confidential except to the extent made public through formal disciplinary action proceedings. The following information is considered public information and will be released by the Board:
(a) An informal settlement agreement adopted and ratified by the Board that closes a complaint file and represents the Board's final decision in the disciplinary action proceedings;
(b) The formal charges against a residential home builder filed by the Board's executive secretary;
(c) The official transcript and exhibits in a disciplinary action hearing; and,
(d) The Board's final decision in disciplinary action proceedings entered after a formal disciplinary action hearing.
Disciplinary action hearings are open to the public.
The Board considers the following information to be confidential regarding complaint files and disciplinary action hearings:
(1) The information contained in all complaint files, except to the extent made public through formal disciplinary action proceedings. Examples of information that remain confidential include, but are not limited to, the following:
(a) Open complaint files,
(b) Closed complaint files where no probable cause is found by the Investigative Committee to proceed with disciplinary action proceedings, and
(c) The Investigative Committee's recommendation to proceed with informal settlement negotiations.
(2) The Board will not release the information the Board considers to be confidential, except under court order. The Board reserves the right to appeal a decision of a court, where the court orders disclosure in violation of applicable Alabama statutes and case law.
Consumers may obtain information concerning disciplinary actions taken by the Board against licensees if the information is considered public information. Such information may be obtained by submitting a written request to the Board for such information. The Board will not release information the Board considers to be confidential, except under court order.