43-07-14. Complaint for license revocation - Consumer fraud action.
467 words·~2 min read·
/nd/title-43/chapter-43-07-contractors/43-07-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Any person may file a duly verified complaint with the registrar charging that the
licensee is guilty of any of the following acts or omissions:
a. Abandonment of any contract without legal excuse after a deposit of money or
other consideration has been provided to the licensee. A rebuttable presumption
of abandonment arises if:
(1)A contractor fails substantially to commence any work agreed upon, unless
the failure is due to circumstances beyond the control of the contractor:
(a)Within sixty days of a starting date agreed upon in writing; or
(b)Within ninety days of the contract date if no starting date is agreed
upon in writing; or
(2)A contractor fails to complete any work agreed upon in writing within ninety
days of a completion date agreed upon in writing, or within one hundred
eighty days of the contract date if no completion date is agreed upon in
writing, unless the failure is due to circumstances beyond the control of the
contractor.
b. Diversion of funds or property received under express agreement for the
prosecution or completion of a specific contract under this chapter, or for a
specified purpose in the prosecution or completion of any contract, and their
application or use for any other contract obligation or purpose to defraud or
deceive creditors or the owner.
c. Engaging in any fraudulent or deceptive acts or practices or misrepresentation as
a contractor in consequence of which one or more persons is injured in a total
amount exceeding three thousand dollars.
d. The making of any false or misleading statement in any application for a license
or renewal or by violating this chapter or being convicted of an offense the
registrar determines has a direct bearing on the applicant's or licensee's ability to
serve the public as a contractor as set out in section 12.1-33-02.1.
e. Engaging in work without any trade or professional license as required for the
work pursuant to local, state, or federal law.
f. Failure to refund fully the contracting party's advance payment if a rebuttable
presumption of abandonment has arisen and the contracting party has made a
request to the licensee for a refund.
2. The complaint must be on a form approved by the registrar and must set forth
sufficient facts upon which a reasonable individual could conclude that any of the acts
or omissions in subsection 1 has been committed.
3. Any act or omission under this section may also constitute grounds for the attorney
general to bring an action under chapter 51-15 against the licensee or any unlicensed
person engaging in the business or acting in the capacity of a contractor in violation of
section 43-07-02 and subjects the licensee or any such unlicensed person to all
provisions, procedures, remedies, and penalties provided for in chapter 51-15.