Section A

Modular building manufacturer or modular building manufacturer's representative

To lodge a complaint against a licensed modular building manufacturer or modular building manufacturer's representative, an online complaint form must be completed and the charges sworn or attested to by the person alleging them. The Complaint Form must be mailed to the Office of Investigations and Enforcement (OIE) along with sufficient documentation to support the allegations.

Upon receipt of the complaint form and all supporting documentation, OIE staff will analyze the documents and determine if the information meets the criterion necessary to lodge a formal complaint. If the complaint is valid, based on the criterion established by statute, a case number will be assigned to the complaint and the respondent will be given the opportunity to answer all charges.

Once a case is opened, the Department of Labor, Licensing and Regulation (LLR) becomes the complainant and will seek disciplinary action against the licensee. Depending on the nature of the charges, the case may be handled administratively, by an Investigative Review Committee or in a public hearing. If a hearing is necessary, the Building Codes Council (BCC) will judge the case in a public forum at which the original complainant may be required to testify as a witness for LLR.

The BCC has the power to discipline a licensee upon determination that the manufacturer or representative has:

1) provided false or inaccurate information on any license application;

2) willfully or intentionally failed to comply with any provision of the Act or these regulations;

3) failed to have an established place of business;

4) employed fraudulent methods or practices;

5) used unfair methods of competition or deceptive acts or advertising;

6) failed to obtain a license before doing business in South Carolina;

7) failed to appear before the Council upon due notice or follow directives of the Council or Department;

8) failed to comply with adopted codes or standards in the manufacture, sale, or delivery of modular buildings;

9) offered for sale unlicensed manufacturer's products, either wholesale or retail.

When submitting a complaint against a licensee, it is important that evidence and/or documentation to support one or more of the nine items listed above be submitted by the original complainant.

Questions concerning the Complaint Form, the information contained herein or the process itself, may be directed to Office of Investigation and Enforcement staff.

NOTE! Personal information provided on this complaint form may be subject to public scrutiny or release under the S.C. Freedom of Information Act or other provisions of federal and state law.