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THE ANATOMY OF AN ROC WORKMANSHIP COMPLAINT

Updated 01/20/2016

See also: The Anatomy of an ROC Non-Payment Complaint Return to ROC page

Owner files a complaint
ROC schedules an inspection
Inspector finds for the Owner or the Contractor
If the complaint is found to have merit, the ROC issues a Directive to the Contractor describing the corrective measures to be taken

Contractor complies, and Owner does not object Contractor does not comply

Complaint may be sent to the ROC’s legal department for
non-workmanship issues but in most cases will be closed
ROC issues a Citation
(Contractor must answer)
Legal will determine whether the contractor committed any other infractions
that would warrant a Citation and Complaint
 If not, the legal department will close the file, either with no mark on the contractor’s record or with a mark stating that a complaint was “Resolved/Settled/Withdrawn” Hearing is scheduled before an
Administrative Law Judge (ALJ)
 
  Pre-hearing inspection
 
  Hearing
 
 

Within 20 days after hearing, ALJ issues a Recommended Order to ROC

If the ALJ does not recommend dismissing the case, the ALJ may recommend any of the following (if the Contractor does not make appropriate repairs): (a) license revocation, (b) license suspension, (c) probation, (d) payment of a fine, (e) requiring the Contractor to increase its license bond, (f) requiring the Contractor to post a separate disciplinary bond, (g) requiring the Contractor to do specified corrective work and/or, in rare cases, (h) pay restitution in order to avoid license suspension or revocation

 
  Within 30 days after receiving the ALJ's Recommended Order, ROC accepts or, in some instances, modifies or rejects the ALJ's recommendation
 
  Once issued, the Order becomes effective after 40 days