32-1155. Filing of complaint; resolution of
complaint; service of notice; failure to answer; prohibited
citations
A. Upon the filing of a written complaint with the registrar charging a licensee
with the commission, within two years prior to the date of filing the complaint, of an
act that is cause for suspension or revocation of a license, the registrar after
investigation may issue a citation directing the licensee, within ten days after service
of the citation upon the licensee, to appear by filing with the registrar the licensee's
written answer to the citation and complaint showing cause, if any, why the licensee's
license should not be suspended or revoked. Service of citation upon the licensee shall
be fully effected by personal service or by mailing a true copy thereof, together with a
true copy of the complaint, by registered mail in a sealed envelope with postage prepaid
and addressed to the licensee at the licensee's latest address of record in the
registrar's office. Service of the citation and complaint shall be complete at the time
of personal service or five days after deposit in the mail. The two year period
prescribed by this subsection shall commence on the earlier of the close of escrow or
actual occupancy for new home or other new building construction and otherwise shall
commence on completion of the specific project.
B. Failure of the licensee to answer within ten days after service shall be deemed
an admission by the licensee of the licensee's commission of the act or acts charged in
the complaint and the registrar may then suspend or revoke the licensee's license.
C. The registrar shall not issue a citation for failure to perform work in a
professional and workmanlike manner or in accordance with any applicable building codes
and professional industry standards if either:
1. The contractor is not provided an opportunity to inspect the work within fifteen
days after receiving a written notice from the registrar.
2. The contractor's work has been subject to neglect, modification or abnormal use.
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