A. Any person may file a written duly verified complaint with the registrar alleging that a person has committed any of the following acts or omissions:
1. Abandonment of a roofing contract without legal excuse after a deposit of money or other consideration has been paid;
2. Diversion of funds or property entrusted to a roofing contractor;
3. Engaging in any fraudulent or deceptive acts or practices or misrepresentation of products, services or qualifications as a roofing contractor;
4. Making a false or misleading statement in an application for roofing contractor registration or renewal application or in soliciting a contract for roofing services;
5. Adjudication against the roofing contractor by a court of competent jurisdiction for a violation of the provisions of the Roofing Contractor Registration Act, or a license or registration suspended, revoked or other discipline imposed by any other professional regulatory board in this or any other jurisdiction;
6. Engaging in or offering to engage in work without a valid registration and commercial roofer endorsement as required for roofing contractors pursuant to the Roofing Contractor Registration Act or performing roofing services during any period when the roofing contractor's registration is denied, suspended or revoked;
7. Engaging in or offering to engage in roofing services without obtaining a proper permit as may be required by any state or local authority;
8. Failure to comply with any tax laws authorized by the state or any of its political subdivisions;
9. Damaging or injuring persons or property while performing roofing services under a valid roofing contractor registration for which the roofing contractor's liability insurance or workers compensation coverage was inadequate;
10. Failure to display the roofing firm name, existence of any commercial roofer endorsement, if any, and the roofing contractor registration number on all vehicles used to transport materials and tools in the operation of the business in letters and numerals at least two (2) inches in height in a conspicuous location on both sides of each vehicle in contrasting color to the background color;
11. Failure to post in a conspicuous place on each job site the name, existence of any commercial roofer endorsement, registration number, and telephone number for the registration under which any work is being performed;
12. Engaging in or offering to engage in roofing contractor work using a roofing registration number of another registrant, whether the registration is or is not in good standing;
13. Advertising, either directly or through another, for roofing contractor work without a valid, continuing registration, or without displaying registration number on advertisement, including but not limited to contracts and signage on vehicles;
14. Soliciting roofing contractor work through contracts obtained by salespersons not under the direct supervision and employment of a registered roofing contractor when such contract is then sold for remuneration or something of value and consists of a pattern of conduct that can be shown to be a business practice in a secondary market of sales of contracts for profit;
15. Gross defects in workmanship in a roofing contractor project that risks serious harm or injury to a person, or unjustly causes monetary damages in excess of Five Thousand Dollars ($5,000.00); or
16. Failure to comply with a specified provision of the Roofing Contractor Registration Act.
B. The complaint shall be on a form approved by the registrar and shall set forth the alleged act or omission stated in subsection A of this section, and a statement of sufficient facts upon which a reasonable person could conclude that the act or omission specified in subsection A of this section has been committed. All complaints filed with the registrar shall be open to public inspection. Nothing in this section shall be construed to require the complainant to first file a complaint with the registrar before seeking relief or remedies allowed by law.
C. A complaint received by the registrar as provided in this section may be retained by the Board for investigation, citation, and hearing before the Roofing Hearing Board or, in the Board's discretion, the complaint may be referred to the district attorney for appropriate disposition as determined by the district attorney, in his or her discretion.
Added by Laws 2010, c. 479, § 14, eff. Nov. 1, 2010. Amended by Laws 2014, c. 270, § 11, eff. Nov. 1, 2014.