21 NCAC 58A .0601. COMPLAINTS/INQUIRIES/MOTIONS/OTHER PLEADINGS

(a)  There shall be no specific form required for complaints.  To be sufficient, a complaint shall be in writing, identify the respondent licensee and shall reasonably apprise the Commission of the facts which form the basis of the complaint.

(b)  When investigating a complaint, the scope of the Commission's investigation shall not be limited only to matters alleged in the complaint.  In addition, a person making a complaint to the Commission may change his or her complaint by submitting the changes to the Commission in writing.

(c)  When a complaint has not been submitted in conformity with this Rule, the Commission's legal counsel may initiate an investigation if the available information is sufficient to create a reasonable suspicion that any licensee or other person or entity may have committed a violation of the provisions of the Real Estate License Law or the rules adopted by the Commission.

(d)  There shall be no specific forms required for answers, motions, or other pleadings relating to contested cases before the Commission, except they shall be in writing.  To be sufficient, the document must reasonably apprise the Commission of the matters it alleges or answers.  To be considered by the Commission, every answer, motion, request or other pleading must be submitted to the Commission in writing or made during the hearing as a matter of record.

(e)  During the course of an investigation of a licensee, the Commission, through its legal counsel or other staff, may send the licensee a Letter of Inquiry requesting the licensee to respond.  The Letter of Inquiry, or attachments thereto, shall set forth the subject matter being investigated.  Upon receipt of the Letter of Inquiry, the licensee shall respond within 14 calendar days.  Such response shall include a full and fair disclosure of all information requested.  Licensees shall include with their written response copies of all documents requested in the Letter of Inquiry.

(f)  Hearings in contested cases before the Commission shall be conducted according to the provisions of G.S. 150B, Article 3A.

(g)  Persons who make complaints are not parties to contested cases, but may be witnesses.

 

History Note:        Authority G.S. 93A-3(d); 93A-6(a); 150B-38(h);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 2000; August 1, 1998; May 1, 1992; February 1, 1989; November 1, 1987.