Anyone who believes that a licensee is or has been engaged in any conduct as set out in General Statute 143-151.56(a) may file a written complaint against that licensee, signed by the complainant, dated and certified by a Notary on the form provided. Complaints shall include the complainant’s mailing address and a daytime phone number. Complaints shall also identify the street address of the structure if the complaint pertains to an inspection of the structure, even if the property is the same as the complainants mailing address. Complaints shall specifically identify the licensee and describe the conduct complained about and alleged violations of the General Statutes, Standards of Practice or Code of Ethics using the checklist as a guide provided in the accompanying information memo. Supporting documentation shall include copies of the written contract, home inspection report, photos and reports by independent consultants. Complaints are processed in the order they are received by the Engineering Division. A copy of the complaint is provided to the licensee for a written response. Please contact Phil Joyner email@example.com or (919) 662-4480 x285 with questions regarding submission of a complaint after reading Complaint Information Memo dated 2014-2-1 and the sample NC Standards of Practice & Code of Ethics.
On receipt of a complaint conforming to the requirements, the Engineering and Codes Division shall conduct an investigation. A copy of the complaint and supporting information as set forth in the rules shall be mailed to the home inspector. The home inspector shall submit a written response to the Engineering and Codes Division within two weeks after receipt of the copy of the complaint.
Investigation Review Committee (IRC)
Upon completion of the investigation, the Board's Investigation Review Committee makes a determination of whether there is sufficient evidence to support a violation of the statutes and rules. The committee will notify the complainant and the home inspector of its determination. Based upon its determination, the committee may recommend to the Board:
- that the complaint be dismissed
- to dismiss the complaint and issue a letter of caution to the home inspector
- that the complaint be resolved by consent agreement* if the home inspector agrees to the terms of the consent agreement; or
- to establish a time and place for a disciplinary hearing and give notice to the home inspector and complainant. Prior to the matter's being heard and determined by the Board, it may be resolved by consent agreement* with the approval of the Board.
*NOTE: the Board's staff and the home inspector may attempt to resolve the complaint by means of a consent agreement. Such consent agreement may impose upon the licensee a penalty, or penalties, including the following: requiring the licensee to take training or educational courses, probation, letter of reprimand, suspension or revocation of license. Consent agreements presented to the Board may be accepted as written, modified and sent back to the licensee for agreement, or rejected.
Because General Statute and agency rule requirements change with time, complainants should ensure they cite requirements in effect at the time of the inspection. The NCHILB website includes various editions of the Statutes and Rules. Please note the effective date of the requirements indicated in parenthesis.