Board for Licensing Contractors
Complaint procedures
Complaint Reporting PROCESS
Review and Jurisdiction
The Board for Licensing Contractors oversees licensing of several professions: contractors, home improvement (remodelers), electricians, plumbers and contractor pre-licensing exam course providers. Complaints are handled by one of the following: 1) Board - They may take disciplinary action for licensing violations by assessing civil penalties or revoking the license; or 2) Division of Consumer Affairs - Complaints without apparent law violations are referred for mediation through CHAMP (Consumer Homeowner Accountability and Mediation Program).
NOTE: While a case is open and being investigated by Legal, the Board cannot hold the issuance of a license renewal.
The Board cannot force a licensee to repair damages, complete a project, award monetary judgments, or even refund money. You would need to hire an attorney to take civil action. However, we encourage consumers to report complaints as a means for the Board to monitor these professions, and if they are entitled to keep their license; also offer public awareness to protect others from being harmed. Often, filing a complaint may offer a means to communicate a problem and resolve the issues. To 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 these type judgments; they may only assess disciplinary action for license law violations under T.C.A. § 62-6-102. (Review the law and rules from our website). A judgment by the court may include revocation of the license, therefore, providing more authority than our Board, 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 contractors and one public member.
We hope you will never have to file a complaint, nevertheless, we want you to be aware of your options and provide information of the filing process. At the prompt below, you may file an online complaint; however, we encourage you to mail a complaint. Mailing will allow you to provide important copies of documentation of the license law violations; evidence much needed in order to provide the most benefit to evaluation and handling of a case, in a timelier manner. This may be done by printing the 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. It is very important to specifically identify any law violations, as this is the Board's only jurisdiction on accessing discipline against a contractor's license. You may want to consider contacting an attorney to take civil action, since the Board has limited jurisdiction.
Reporting Violations & Complaints
Whenever you report a complaint, you are considered the "Complainant" and the entity filed against, is the "Respondent". Upon receipt of your complaint documents, our legal counsel will evaluate and determine whether the Board has jurisdiction, or if mediation through CHAMP would best benefit the consumer. Consumers will be notified by mail, acknowledging receipt of the complaint from our office, and providing you a case complaint number. Unless handled by CHAMP, you will not be contacted during the investigation process, unless our Legal staff determine an Investigator needs to meet with you on specific allegations. Therefore, you may need to supply updates to the Board during the investigation, to ensure all evidence has been provided (especially, when litigation is complete). Otherwise, you may only be contacted upon closure of the case (it may take over a year or more to finalize a case). The Board members will not be provided any information about your case until Legal presents their findings, after their investigation, on a Legal Report at a Board meeting. Identities of the parties involved in the complaint, will not be listed on the Legal Report. Legal presents with their recommendations as to dismiss; or approval for a consent order (plea bargain); or approval to hold a formal hearing for disciplinary action.
Before processing the complaint for Board review or mediation, to make this determination, the following are considered:
- License (Does the respondent have a license or is one required?) You may check our website at "License Search" for the license status. (If they are not, we encourage you to report the unlicensed activity violation to us.
- Contract or Monetary Amount (Did the amount of the project require a license?) If in excess of $25,000, a “contractor's” license is needed, with the proper license classification, monetary limit and they must contract in the name as licensed. Any amount for an electrician or plumber, in a county without a local license agency, requires a state limited license. Was the contractor acting as a prime contractor? Subcontractors, those contracting directly to a licensed contractor and not the owner, are not required to be licensed unless it was for electrical, mechanical, plumbing and HVAC). All pre-licensing course providers must be approved to offer services and cannot "guarantee" exam passage, or use exact questions from the exam.
- Home Improvement Complaint (Jurisdiction in eight (8) counties: Bradley, Davidson, Hamilton, Haywood, Knox, Robertson, Rutherford or Shelby.) If the cost was $3,000 or more, a Home Improvement license may be required; a “Contractor's” license is required for contracts $25,000 or more, regardless of the county).
- Electricians and Plumbers (Limited Licensed Electricians (LLE) and Limited Licensed Plumbers (LLP).) These two professions require a state license with our Board in counties without their own local licensing agency, unless exempt from the law. Major counties such as Davidson, Hamilton, Knox, Shelby, etc., have their own license requirements. HVAC does not require a state license from our Board when less than $25,000 or if in a Home Improvement county. (You may refer to these sites listed on the main web page, for more information on license requirements.)
- Contractor Pre-license Course Provider (Courses to help in passing the contractor's license exams). These course providers must have each course approved by the board and follow strict guidelines, outlined in the Rules and Regulations.
- Age of Complaint (Depends on the evidence available to prove the violation.) While the court may consider a one (1) year "implied warranty" [see T.C.A. § 47-2-314] on cosmetic items, and a statute of limitations of four (4) years on structural damage (T.C.A. § 28-3-202), the Board will accept a complaint regardless of the time limit, and the Legal Section will determine if it is within their jurisdiction to consider for disciplinary action.
- Unlicensed Activity - You may report unlicensed activity by submitting their name and contact information of the respondent, and address where they may be found working or the project bid. If needed, you may submit without giving your identity (remain anonymous).
PROCESS - Disciplinary Action or Mediation
Consumers hiring a licensee benefit from the mediation program with the Division of Consumer Affairs. Should our Legal section recommend transferring your reported complaint to "CHAMP" (Consumer / Homeowner Accountability Mediation Program), you will be notified in writing from their coordinator.
STEP 1
Mediation - Any eligible residential complaint received in the Board will be transferred to the Division of Consumer Affairs for processing through CHAMP, which offers consumer mediation. All parties must agree to participate in mediation or it may be transferred to the Board to review for law violations. Unlicensed or when the law requires a license; complaints involved in litigation; and commercial projects, are not eligible mediation for participation in CHAMP. After the mediation process, if there are license law violations, the case may be transferred to the Board for discipline against the license.
AND/OR
Discipline - These cases will be processed by our Legal section to determine from the documentation submitted, if there are license violations to be considered for discipline. (You may also use the complaint form to report unlicensed activity.
STEP 2
Complainant (Consumer/Person filing the Complaint) will receive an acknowledgement letter verifying receipt of the complaint and whether it will be transferred to CHAMP; or it may remain with Legal for investigation. 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 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 Trade 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 *ten (10) days of receipt (from the date the contractor receives notification from the Board). A copy of the complaint will be included in the notice to the contractor. Please note, due to certified mail delivery, a typical contractor’s response may take *thirty (30) days.
STEP 3
Legal 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 amount of cases.)
NOTE: Legal files are not considered open to the public and confidential. Investigator and Inspection reports are not submitted to the Board office. Once the case is closed, they will forward the findings to the Board office for the complaint file and all parties are notified.
STEP 4
Board Review for Discipline - Consists of cases presented anonymously to the Board at a regularly scheduled meeting, and review the recommendations made by the Legal section, to 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.
Board Action - The Board does not have the authority to award monetary damages or force the contractor to make repairs. They may assess discipline such as letters of warning/caution, citations, civil penalties, consent orders and in some cases, they may revoke or suspend the license through an adversarial formal hearing process with an Administrative 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
Should Legal be able to prove violation, they may recommend discipline in the form of a civil penalty or license suspension/revocation, usually at first in the form of a consent order. If the contractor rejects the consent order, and appeals these findings, we must hold a formal hearing under the Uniform Administrative Procedures Act and the contractor will be required to be represented by their attorney, with a hearing before an Administrative Law Judge. Contractors found guilty of the violations charged, may be responsible for hearing costs, in addition to any civil penalties assessed. After the time for appeals expire, the case is final, and closed by Legal. Their findings are released to the Board office for public information. Penalties not paid by the respondent may be referred to a Collection Agency.
CHAMP (Consumer Homeowner Accountability and Mediation Program)
The Tennessee Division of Consumer Affairs, the State’s consumer protection agency within the Department of Commerce and Insurance, contains a residential construction complaint mediation service known as CHAMP (Consumer Homeowner Accountability and Mediation Program). This consumer based complaint process allows the parties to agree on making repairs or corrections or to resolve residential construction issues without administrative disciplinary hearings. CHAMP has been a benefit to those who have hired a state licensed contractor.
Licensees/Respondents failing to respond to the complaint with the CHAMP section are listed on the "Problem Contractors List" which acts as a buyer beware to others. Although, these individuals or companies may not have violated the law, they failed to respond to the consumer's issues and is a good source for checking out a contractor prior to hiring one.
Complaint History
Closed cases with discipline are available at the Regulatory Boards site for Disciplinary Action; and the "Problem Contractor List", which is available with the Division of Consumer Affairs. Formal hearing action of the board is listed at the Revoked and Suspended list; all may be accessed at the "Consumer Resources" section of the Board's website. This site provides a resource when checking contractors and the laws. However, open cases will not be listed, as they are not public information until after the case is closed to ensure due process. You may check with the Board office for the complete complaint history of any professions regulated. If the case is open when checking a contractor, the board may not have specific information, but may let you know the amount of complaints on file. If you have been wronged by a contractor, reporting a complaint provides a means to protect other consumers.
Resources
In addition, you may want to contact the local Better Business Bureau or Federal Trade Commission to record your complaint.
Complaint Forms:
Print Complaint Form [pdf] | Online Form
RESPONDENT RESOURCES FOR COMPLAINTS
Information 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.
Citation Issuance
The Executive Director may issue citations for unlicensed activity. Should the respondent wish to appeal the citation, they must do so, in writing, within 15 days, and 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. . Should the respondent fail to respond, the case will be referred to the Board for further action. (TCA 62-6-201/ Rule 0680-1-.21)
Board Review
The Board reviews complaints presented to them by the Legal Section, and will not have knowledge of the parties identities involved in the complaint. At that time, they will vote on the recommendations made by the attorney on the Legal Report. Respondent will be advised of the Board's ruling on a complaint case (see "Complaint" process information above), which may be to issue a "Consent Order"; or hold an "Informal Hearing", issue a notice of "Summary Suspension", or move forward for a "Formal Hearing" which will be in accordance of the Uniform Administrative Procedures Act, pursuant T.C.A. Title 4, Chapter 5, where you must be representated by an attorney, overseen by an Administrative Law Judge, with the Board for Licensing Contractors conducting the hearing to address disciplinary action, in the form of civil penalties and/or license revocation. Any member who presides over the informal hearing or has prior knowledge of the case, will not participate. (TCA 62-6-118, 125)
Collection Agency
Unpaid penalties may be turned over to a collection agency for payment. (See TCA 62-6-120)
Civil Penalties
Penalities may be assessed from $50.00 to $5,000.00, for each day of the continued violation. (See Rule 0680-1-19)
Complaint Form [pdf] (Use to file a complaint or report unlicensed activity)
