(A) A person aggrieved by the conduct of a licensee may file a claim against the fund if the:
(1) facts giving rise to the claim are based on a specific violation of this chapter or regulations promulgated under this chapter;
(2) claimant has made demand upon the licensee by certified mail, return receipt requested, for actual damages, and the demand has been refused or ignored;
(3) claimant is not licensed under this chapter or a party jointly responsible for the claim;
(4) the claim is filed no later than one year from the date of discovery of the loss.
(B) The claim must be made under oath and upon a form the commission prescribes and shall contain:
(1) name and address of the claimant;
(2) name and address of the licensee and his last known working address;
(3) a detailed statement of the events precipitating the loss and documents and other evidence supporting the claim;
(4) amount of monies sought and evidence supporting this amount;
(5) copies of complaints and other legal process initiated, if any;
(6) disclosure of partial satisfaction received, offered, or otherwise available from the licensee, including a bond, an insurance policy, or another source of funds.
(C) Upon receiving a claim in proper form, the commission shall forward the claim by certified mail, return receipt requested, to the last known address of the licensee. The licensee, within thirty days, shall file a verified answer to the claim. If no answer is filed within thirty days, the licensee is in default, and the commission shall schedule a hearing on the claim. If the licensee fails to timely answer, the commission shall investigate the claim for not more than sixty days and promptly schedule a hearing on the claim. The licensee, commission, and claimant may present evidence and question and cross-examine witnesses as parties to the hearing.
(D) Failure of the claimant to comply with this section is a waiver of rights under this section.
(E) No claim may be made against or paid from the fund in connection with a licensee who is licensed pursuant to Section 40-6-230 (B) or (C).
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1991 Act No. 38, Section 1; 1976 Code Section 40-6-210.