HOW TO FILE A COMPLAINT AGAINST A CONTRACTOR
The purpose of the Mississippi State Board of Contractors is to license and regulate contractors for the protection of the public. The Board has jurisdiction over both licensed and unlicensed contractors. Complaints within the Board’s jurisdiction include, but are not limited to unlicensed contracting; gross negligence or misconduct; failure of a contractor to fulfill the terms of an agreement; poor workmanship; abandonment; failure to pay subcontractors, material suppliers or employees; and bidding without a license or bidding outside your classification. Complaints against contractors may be filed with the Board by homeowners, other contractors, subcontractors, employees, and other public agencies. Complaints may be filed anonymously, however, MSBOC encourages complainants to submit written complaints whenever possible to assist in the investigation.
Complaints must be filed in writing either by downloading the complaint form using the FORMS tab to the left or by requesting a copy of the complaint form to be mailed to you by calling the Board’s toll-free number at 1-800-880-6161. Completed complaint forms and copies of contracts, building permits, canceled checks or other pertinent information should be submitted to: ATTN: Complaint Department, Mississippi State Board of Contractors, P. O. Box 320279, Jackson, MS 39232.
Please understand that the Mississippi State Board of Contractor’s disciplinary authority is administrative in nature. This means that the primary objective of any discipline against a contractor is the imposition of fines, and/or suspension or revocation of licensure. The Board is not a substitute for the courts, so if your primary interest is to obtain restitution, you should seek advice from an attorney. It is recommended that you consult an attorney regarding any civil remedies that may be available to you and to address any matters regarding financial damages.
HOW THE COMPLAINT PROCESS WORKS
Complaints are processed according to their degree of severity and the date of receipt. Each complaint is reviewed to determine if it falls within the jurisdiction of the Mississippi State Board of Contractors. If MSBOC determines that the complaint requires further investigation, it will be assigned to an investigator. A copy of the complaint will be mailed to the contractor advising him or her a complaint has been filed and asking for a response. The MSBOC investigator will contact both parties to obtain a statement, schedule a meeting or visit the jobsite. The investigation may also include interviews with other parties who can furnish relevant information. The investigator will evaluate all the information gathered through the jobsite visit, building codes, plans and specifications, industry standards and other information furnished by the complainant and the contractor. Formal disciplinary proceedings may be initiated after the investigator has concluded the investigation. *Investigation by MSBOC does not guarantee restitution to complainants. If your primary interest is to gain restitution, you should pursue the matter in court or consult with an attorney. If the investigator concludes that the allegations have no merit, the complainant and the contractor will be notified in writing.
NOTICE OF HEARING
The Notice of Hearing and Complaint is the formal document that starts the hearing process. The notice tells the contractor (“Respondent”) the specific laws it is alleged to have violated and describes the conduct the contractor allegedly engaged in that violates the law. The Notice of Hearing and Complaint also advises the contractor of the specific date, time and place the administrative hearing will take place. The administrative hearing is an action between the Board and the contractor. However, the complainant is encouraged to appear at the hearing to testify to the facts of the case as they relate to the complaint against the contractor. Any documents, photographs, or other exhibits you wish to have entered into evidence and considered by the Board at a hearing, should be submitted to MSBOC at least ten (10) days prior to a scheduled hearing. Otherwise, a party desiring to submit evidence will be required to submit a minimum of thirteen (13) copies on the day of the scheduled hearing.
DESICION AND ORDER
At the conclusion of the hearing, the Board will make a decision regarding the alleged violations and violations of the law may result in disciplinary action against the contractor. Discipline may include fines or penalties, suspension, revocation, letter of reprimand, probation, or other discipline. The findings of fact, conclusions of law and order of the Board will be mailed to the contractor and complainant.
The contractor has ten (10) days from the date of the Board’s decision to appeal pursuant to Miss. Code Ann. §73-59-13(11) or Miss. Code Ann. §31-3-23.