Complaint ReportingFiling a ComplaintWe encourage consumers to report complaints as a means for the Board for Licensing Contractors to monitor professions and offer public awareness to protect others from being harmed. While the Board cannot mediate cases or award judgments, filing a complaint may offer a means to communicate a problem and resolve an issue. This includes: Show
Consumers experiencing problems with a contractor or another profession regulated by the Contractors Board should remember the following options::
Board for Licensing Contractors
*FYI - Complaints filed with the Board office are considered public information. To remain anonymous, do not list your contact information and send by mail. Legal case files with their investigations are not considered open to the public and a legal product. Criminal ProsecutionFelony Theft Criminal Prosecution – Local Law Enforcement and District Attorney In Tennessee, consumers may file criminal charges against a contractor or home improvement service provider for Felony Theft and Fraud . Under the law, consumers may attempt to criminally prosecute the contractor. The felony theft law provides specific instructions to follow before filing charges. The law requires notifying the contractor in writing for a refund within 10 days before filing the charges Please remember that the Board of Licensing Contractors is not a law enforcement agency and as such does not handle the filing of criminal charges . Consumers are required to file the charges through a local law enforcement agency, fraud unit, or sheriff's department in order to obtain a warrant for arrest. Elder AbuseElder Abuse by Financial Exploitation – Local Law Enforcement and District Attorney Contractors can be prosecuted for using methods of deception, intimidation, undue influence, force, or threat over an elderly (age 60 or older) or vulnerable adult. Resources are available with the Commission on Aging and Disability at: https://www.tn.gov/content/dam/tn/aging/documents/07_Reporting_Abuse.pdf The Tennessee Department of Human Services Adult Protective Services unit may be contacted at 888-277-8366 to assist, as well as contacting your local law enforcement. Civil ActionCivil Action or Arbitration - Hiring an Attorney Remedy and JudgmentsCivil Action, Mediation or Arbitration – Requires Hiring an Attorney To receive a remedy or to be compensated for being wronged, or when there is a contract dispute, you will need to hire an attorney to take civil action, as the Board does not have the authority to award monetary judgments. The court has the authority to suspend or revoke a license as part of their judgment (see TCA 62-6-118). In addition, the law limits the amount of recovery from an unlicensed contractor to only documented expenses. An unlicensed contractor does not have the right to obtain a lien on your property if they were required to be licensed. The Board may take disciplinary action for license law violations, by assessing civil penalties and taking action against the license (suspension or revocation). If you have already hired an attorney, you should consult with them before filing a complaint with the Board. While a case is in litigation, the Board may proceed to consider disciplinary action for license law violations, or it can be held for “litigation monitoring” until the court has made a ruling. Complaints with our office are not meant to have a bearing on civil proceedings, but to evaluate if disciplinary action is warranted. For cases where civil action has concluded, you may also file a complaint with the Board to report a court judgement for additional discipline. Please note, once a complaint has been filed with the Board and forwarded to our Legal Section for investigation, the complaint cannot be withdrawn. If a case is settled, the Board will certainly take into consideration when authorizing disciplinary action. Board's Review ProcessBoard ReviewThis information is relative to reporting a complaint with the Board for Licensing Contractors. Our Board oversees licensing of several professions: Contractors; Home Improvement (remodelers); Electricians; Plumbers; and Contractor Pre-licensing Exam Course Providers. NOTE: While a case is open and being investigated by Legal, the Board cannot hold the issuance of a license renewal until a
formal hearing is conducted. See the legal process pursuant TCA Title 4, Chapter 5 - provisions of the Uniform Administrative Procedures Act. Jurisdiction of the BoardThe Board cannot force a licensee to repair damages, complete a project, award monetary judgments, or even refund money; they may only discipline the licensee. You would need to hire an attorney (see resources for Legal Aid) to take civil action. Remedy and JudgmentsTo receive a remedy or to be compensated for being wronged, you will need to hire an attorney to take civil action, as the Board does not have the authority to make judgments. They may only assess disciplinary action for license law violations under T.C.A. § 62-6-102 (you may review the law and rules from our website). A judgment by the court may also include revocation of the license if part of the consumer's charges, under T.C.A. § 62-6-118. Complaints with our office are not meant to have a bearing on civil proceedings, but to evaluate if disciplinary action is warranted by this Board made up of eight (8) contractors and one (1) public member. Therefore, if you are in litigation, the Board typically does not hold and may review to consider license law violations. Open ComplaintsWhen a
complaint has an "open" status, the investigation is in progress by our Legal Section and specifics of their case is not considered public information (legal work product). Their information cannot be released and not a matter of public record. The initial complaint filed with the Board office is considered a matter of public record and does not contain the attorney’s investigation findings. Board files consist primarily of the complaint filed by the consumer, contractor's response (if any), and
additional information forwarded by these parties to our office. The "Complainant" will be notified once the case is closed or if they are needed as a witness at a hearing. Anyone may contact the Board to check the status of a complaint case, or to certainly check on the complaint history of a contractor. Contractor license files are also public information except for the financial statements (see TCA 62-6-124). The public may request copies of the "Certificate of Insurance" for General
Liability and Workers' Compensation; and Home Improvement license files also include their financial responsibility ($10,000 surety bond or Irrevocable Letter of Credit). Check with local government for permit bonds filed for individual projects. Filing a ComplaintWe hope you will never experience problems which require you to report a complaint, however, you should be aware of your options and have information of the filing process. Filing a complaint may be a lengthy process, especially for cases which require a formal hearing, pursuant TCA 62-6-118, in order to close the case. At the prompt below, you may file an "online" complaint; however, we encourage you to mail, fax or scan and email a complaint in order to provide important documentation (copies of contracts, invoices, etc.). The online complaint system does not allow a means to send documentation to provide the most benefit in the evaluation and handling of a case. To report a complaint other than online, this may be done by printing the Online Complaint Form and mailing to the address listed on the form (please allow 5 to 7 business days for state mail delivery) or you may also fax to our office at (615) 532-2868; or email to: It is helpful to specifically identify any law violations, as this is the Board's only jurisdiction on assessing discipline. If you are needing a monetary judgment or have a contract dispute, you should contact an attorney to take civil action, since the Board has limited jurisdiction and cannot help by this means. If you have already hired an attorney, you may still report a contractor complaint to the Board. While a case is in litigation, the Board may still proceed in order to consider disciplinary action for license law violations under their authority. However, the case cannot be finalized or closed if the action is appealed and must wait for a Formal Hearing. In cases of litigation, once it is complete, you may forward the action of the court to the Board for additional discipline (see TCA 62-6-118 under the laws and rules) to be considered. Please note, once a complaint has been filed to the Board and forwarded to our Legal Section, the complaint cannot be withdrawn! Reporting Violations, Judgments & ComplaintsThe one reporting the complaint is considered the "Complainant" and the contractor/licensee is the "Respondent". Upon receipt of your complaint documents, our legal counsel will evaluate and determine whether the Board has jurisdiction. Consumers will be notified by email (or regular mail if an email is not provided), acknowledging receipt of the complaint with a case complaint number. You will not be contacted during the investigation process unless
our attorney determines an Investigator or Inspector needs to meet with you on specific allegations. In some cases, they may ask for a notarized statement. You may supply updates to the Board during the investigation or while open with Legal to ensure all evidence has been provided. Complainants are typically only contacted upon closure of the case (it may take over a year or more to finalize a case if it goes to a formal hearing). Board Meeting PresentationComplaints are presented anonymously on a Legal Report at one of the Board's regularly scheduled meetings (Board meets six (6) times, annually). The identity of the parties involved in the complaint are not identified on the Legal Report. Legal presents their findings with their recommendations as to dismiss, letter of warning/caution, civil penalty by consent order (plea bargain), or authorization to schedule a formal hearing for disciplinary action. If the license has expired, Legal may recommend to “Close and Flag” the case, however, the complaint will be reopened should the licensee reapply or attempt to renew. Formal Hearings are required to revoke a license or to assess civil penalties unless the contractor waives their right to a hearing by signing the Consent Order. Formal Hearings are conducted by the Uniform Administrative Procedures with an Administrative Law Judge. NOTE: A licensee has the right to renew their license while awaiting a Formal Hearing. Determination of Law ViolationsBefore processing the complaint, the following is reviewed to determine license law violations:
Steps for Handling (Disciplinary Action)Step 1Complaints filed with the Board will be processed by our Legal section to determine from the documentation submitted if there is enough evidence of license violations to be considered for discipline. You may also use the complaint form to report unlicensed activity. Step 2Complainant (Consumer/Person filing the Complaint) will receive an acknowledgement letter verifying receipt of the complaint. Note: Details of the case while in the Legal Section are not public information. Notification on the status will not be sent until the case is "closed". Cases are considered “open” until: 1) the contractor pays the recommended penalty; 2) appears for a Formal Hearing overseen by an Administrative Law Judge; or 3) violations were not proven and Legal recommended dismissal. NOTE: During this process, the Board cannot prevent a licensee from working; and cannot hold the license or renewal issuance until the case is closed. Respondent (Contractor or the Individual of the Business Entity Regulated) will also be notified. Their notice is sent by certified mail with the complaint allegations, and they are directed to respond in writing within 30 days of receipt. Step 3Legal Counsel will review all documentation after the time is up for a response from the Respondent to the allegations, and they will determine the next course of action. This may require an inspection of the job site by an inspector or investigator, if necessary to prove violations in the case. You will not be contacted unless an inspection is needed to gather more evidence to prove the license law violations, or if you are needed as a witness for a formal hearing. (Formal hearings take approximately one year or more to process, depending on the docket number of cases.) NOTE: Legal files are not considered open to the public and are confidential. Investigator and Inspection reports are not submitted to the Board office; only to Legal. Once the case is closed, Legal will forward the findings to the Board office for the complaint file and all parties are notified. Step 4Board Review for Discipline - Consists of cases presented anonymously to the Board at a regularly scheduled meeting (see "Calendar" for dates) to review the recommendations made by the Legal section and determine the action. The Board will not have knowledge of the contractor's or complainant's name on the case; will not see the complaint information; and decisions are based upon the findings of licensing law violations determined. The complainant and respondent should not contact a Board member. Board Action - The Board does not have the authority to award monetary damages or force the contractor to make repairs. They may assess informal discipline such as letters of warning/caution; or formal discipline such ascitations, civil penalties, consent orders and in some cases, they may revoke or suspend the license through an adversarial formal hearing process with an Administrative Law Judge, pursuant to the Uniform Administrative Procedures Act. Anyone seeking to recover monetary remedies for injuries should consult a private attorney, as the Board has no jurisdiction over these matters. Further, the Board cannot hold the issuance of a license renewal until the respondent is given due process through the Uniform Administrative Procedures by a formal hearing. Due Process Searching for Complaint History
Respondent (Contractor) Resources for ComplaintsComplaint ReportedInformation relative to the complaint process may be reviewed at the above sections. For information relative to specific violations and penalties, see the Law, Rules and Regulations site. Specific consumer protection laws are available at the "Consumer Resources"; and industry related information is available at Valuable Resources. Law ViolationsUnlicensed Activity / Denial of License Citation IssuanceThe Executive Director may issue citations for unlicensed activity. This citation also acts as a "Cease and Desist" order. The Respondent has 15 days to appeal the citation and must do so in writing. To appeal, they should provide evidence, documentation, etc., proving they did not violate the law or offer to engage in contracting where a license is required, pursuant T.C.A. Title 62, Chapter 6. The law allows a provision to lower the citation amount in cases where the respondent obtains a license as required. However, this is subject to Board review. Should the respondent fail to respond in writing or does not pay the citation, the case will be turned over for collection and listed on the disciplinary action report. If the case is appealed, the Board may authorize a formal hearing. The Respondent is encouraged to obtain an attorney for representation. All hearings are overseen by an Administrative Law Judge. If you are found guilty of the violation, additional costs may be assessed to cover the hearing which includes expenses for the Judge, witnesses, investigation, court reporter, and any other legal fees incurred by the State. Failing to appear at a hearing may result in a judgment by "default" (guilty). After a formal hearing, if the penalties are not paid within the time allotted by the Board, it may be turned over to a collection agency or the local District Attorney's office for prosecution. Board Review of ComplaintsThe Board reviews complaints presented to them by the Legal Section at each of the six (6) regularly scheduled annual meetings. They will not have knowledge of the parties’ identity involved in the complaint therefore the respondent is not allowed to appear before the Board. At that time, they will vote on the recommendations made by the attorney based upon the information outlined in the attorney's Legal Report. Respondent will be advised of the Board's discipline ruling on a complaint case (see "Complaint" process information above), which may be: Consent Order; Suspension or Revocation; or a Formal Hearing. NOTE: Complainants and the respondent should not contact a member of the Board as all complaints are presented anonymously.
Should Legal have evidence of law violations, they will present to the Board to authorize discipline, usually at first in the form of a "Consent Order" (often considered a plea bargain) and may be proposed in lieu of conducting a formal hearing. If the respondent fails to respond or agree to the consent order, the board's attorney is authorized to move forward to schedule a formal hearing under the Uniform Administrative Procedures Act.
A formal hearing under the Uniform Administrative Procedures Act, pursuant T.C.A. Title 4, Chapter
5, is scheduled in order to take disciplinary action. Upon scheduling, the respondent is advised to seek an attorney to respond to the hearing of charges. In most cases, the Board acts as the jury, however, they may waive and allow the Administrative Law Judge overseeing the hearing to also make the ruling. Those found guilty are typically responsible for hearing costs, which includes travel expenses, Judge's fees, court reporter, investigation charges and legal fees by the Department, etc., as
well as the civil penalties assessed at the hearing, as outlined in Rule 0680-1-19 (estimated at $3,000 or more.) More Information is available at the Department of State's website at: Administrative Procedures Section.
The respondent may request a Board member and Legal to participate in an Informal Meeting to review discipline action taken by the Board.
However, Legal reserves the right to refuse this request depending on the circumstances. Any Board member participating in the Informal Meeting may not participate at the Formal Hearing. Board Action
Penalties may be assessed from $50.00 to $5,000.00, for each day of the continued violation. (See Rule 0680-1-19)
Unpaid penalties may be turned over to a collection agency for payment. (See TCA 62-6-120)
The Board may also refer a case to be reviewed by the Attorney General's office or local District Attorney for criminal prosecution or collection of judgment. Bid Protests (Complaints)A contractor should contact the awarding authority to file a bid protest. However, a complaint may be reported against contractors violating the law, by completing a complaint form. All information on the complaint form is considered public record, therefore, to remain anonymous, it must be submitted without the complainant's information. Anonymous complaints may not be processed by our Legal Section unless there is sufficient evidence with facts of the allegations. Request for bond and InsuranceIf you have been wronged by a licensed contractor, to obtain a copy of the insurance information from a licensee's file, or the bond and insurance from a home improvement contractor, you may submit a "Request" to the Board. Please see "Insurance" for further information as to workers' compensation and general liability requirements. Financial statements and any guaranty agreement in the license file is considered confidential and not a matter of public record. To obtain confidential records, this would require a subpoena with a protection order. Action by the ConsumerIf a contractor has been paid and has failed to complete the work within 90 days, the consumer may have the contractor arrested by local law enforcement for felony theft in TCA-39-14-154. In addition, the law limits the amount of recovery from an unlicensed contractor to only documented expenses. An unlicensed contractor does not have the right to obtain a lien if they were required to be licensed. How do I file a complaint against a contractor in North Dakota?To file a contractor complaint, please complete the Complaint Against Contractor (SFN 16999) form and submit it to this office. When a complaint is received by this office, it is reviewed to determine whether this office has authority to handle the complaint.
What happens when you file a complaint with the CSLB?If your complaint involves a probable violation of Contractors' State License Law, it may be transferred to an Enforcement Representative (ER) for field investigation. The ER assigned to investigate the complaint will interview you, your contractor, and any other people who can furnish relevant information.
How do I file a complaint against a contractor in Virginia?You may complete a complaint form online or download one of our complaint forms. For further assistance call our Consumer Protection Hotline at 1-800-552-9963 if calling from Virginia, or (804) 786-2042 if calling from the Richmond area or from outside Virginia.
How do I file a complaint against a contractor in Colorado?You can file a complaint on your contractor with the Colorado State Attorney General Consumer Protection Section here.. http://www.ripoffreport.com (registration required),. http://www.complaintsboard.com/. www.complaints.com.. |