When complaints occur against a contractor’s license, it’s important to understand the Arizona ROC Complaint Process. Complaints go through the Registrar of Contractors (ROC). This is the licensing bureau which works to protect the safety, health and welfare of public by promoting quality construction by Arizona contractors. Their regulatory system keeps the quality high of all construction and avoid problems for residential and commercial customers. They set minimum criteria for contractors and the contractors must meet these criteria in order to earn a license in Arizona.
CLICK HERE FOR ARIZONA REGISTRAR OF CONTRACTORS HEARING REPRESENTATION
The Importance of the ROC Complaint Process
The ROC complaint process will help avoid litigation, and this is an important factor for any contractor. When the ROC handles complaints they usually resolve them pretty rapidly. This helps to save a substantial amount of money and time. Monetary compensation and attorney fees aren’t awarded during this process, but disputes get settled efficiently. The contractor, or defendant, usually will make a strong effort to comply with the orders of the ROC, mainly because of the risks to their license.
Filing a Complaint against a Contractor License
Anyone can file a complaint with the ROC. Most of the complaints allege that the complainant was harmed in some manner, but usually this is through alleged poor workmanship. There are twenty-four different grounds that can compose a complaint and for which a license can be suspended or revoked. The deadline for filing a complaint is usually two years after the commission of the act.
The Complaint Process in Arizona
First, the ROC receives a complaint and vets it to ensure it’s complete. They then assign the complain to an ROC investigator who schedules an inspection of the jobsite (or determine if the ROC contract requirements have been met). Once the inspector is done at a jobsite and work meets minimum industry standards the ROC will dismiss the complaint. This means the case is closed. However, if the investigator finds work hasn’t met minimum industry standards, the investigator then issues a written directive. In this written directive, the corrective work period must be at least 15 days.
It is then up to the complainant to indicate in writing if the written directive has been met and the issues resolved. When this is presented to the investigation, the case is closed. However, if the complainant doesn’t indicate in writing the directive is met and issues resolved, a compliance inspection will be scheduled. When the compliance inspection is done, and if the investigator finds the written directive has been met and issues resolved, the ROC closes the case. However, if the investigator finds the written directive hasn’t been met and the issues resolved a draft, called a pencil cite, is made and forwarded to ROC’s legal department for processing.
Requesting a Hearing
If the dispute isn’t resolved by the deadline, the corrective work isn’t done or any part of the issue remains unresolved, either party can request a hearing. An administrative hearing takes place before an administrative law judge. The ROC inspector determines whether or not a hearing is necessary after evaluating evidence.
Why Legal Representation is Important
Since the ROC does not provide any financial compensation due to the complaints and investigations resulting from them, sometimes the complainant goes to the Superior Court to file the complaint as well. Any time a legal issue is pending on your license, it is wise to have legal representation to help you protect your license and your business.
If you have questions about Arizona ROC Complaint Process and would like to learn more about the services we offer contact Chelle Law today.