Complaint
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, and signed and dated 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 address of the property inspected, 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 phil.joyner@ncdoi.gov or (919) 662-4480 x285 with questions regarding submission of a complaint after reading Complaint Information Memo dated 5/2/2011 and the sample NC Standards of Practice & Code of Ethics. NOTE: The Board shall not consider complaints that are received by the Board more than three (3) years from the date of the inspection.
Complaints against unlicensed entities are also investigated by the Engineering Division. Typically, staff will contact the person or firm and explain the NC licensure requirements applicable to inspections performed for compensation. The Board may make application to any appropriate court for an order enjoining violations. Upon a showing by the Board that any person has violated or is about to violate the Act, the court may grant an injunction or a restraining order or take other appropriate action. A person who violates a provision of the NC Home Inspector Licensure Act is guilty of a Class 2 misdemeanor.
Site Investigation
A Site Investigation may be scheduled to observe property conditions and interview witnesses
Investigation Report
The report prepared by staff shall state that the complaint either has or lacks sufficient evidence to support the allegations in the complaint. The report may also note home inspection reporting violations not cited in the complaint. If there are findings in the report that there is sufficient evidence to support the allegations in the complaint, the Board shall fix a time and place for a disciplinary hearing and give notice to the licensee. However, 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.
Investigation Review Committee (IRC)
The NCHILB Bylaws establish a standing committee that shall review all reports that have basis in fact to a complaint and shall determine if a disciplinary hearing will be held. The Committee shall review all consent agreements and make recommendations to the Board. In cases where the investigation report states the complaint lacks sufficient evidence to support the allegations, the IAC may also review the complaint upon receipt of a written request by the complainant including the reasons why the complainant is of the opinion the Engineering Division’s determination is incorrect.
Applicable Requirements
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.
