Section R20-5-324. Fee Disputes

A.      Complaint alleging refund dispute.

1.        An applicant alleging that a licensee has failed to refund a fee that the applicant is entitled to receive may file a writ- ten notarized complaint with the Department. The written complaint shall be filed within 90 days of demanding a refund from the licensee. The applicant shall make the written complaint under oath and include the following information:

a.        The name and address of the applicant;

b.        The name and address of the licensee against whom the complaint is filed;

c.        The factual allegations of the applicant along with any supporting documentation;

d.        The relief requested by the applicant; and

e.        All  steps  taken  to  informally   resolve  the  dispute between the applicant and licensee.

2.        The Department shall serve the licensee a copy of the complaint by certified mail within five days of receipt of the complaint.

B.       Answer.

1.        A licensee shall respond to a complaint filed against it by filing an answer with the Department within 10 days after the complaint is mailed.

2.        The licensee shall attach to the licensee’s answer copies of all receipts, agreements, or contracts relevant to the dispute.

3.        The Department shall mail the applicant a copy of the licensee’s answer within 10 days of receipt of the answer.

C.      Investigation and determination by Department.

1.        The Department shall investigate the allegations con- tained in a complaint and answer to determine whether a fee charged by the licensee complies with A.R.S. § 23- 521 et seq. and this Article. At the request of the parties or on its own motion, the Department may schedule an informal meeting between the applicant, licensee and Director of the Department. The Department shall con- vene the informal meeting for the purpose of obtaining information to assist the Department in its investigation of the refund dispute.

2.        Within 90 days after receipt of the answer, or the com- plaint if no answer is filed, the Department shall issue written findings and an order setting forth its determina- tion of the refund dispute.

3.        The Department shall mail a copy of its findings and order upon the applicant and licensee by mail at the last known address of the applicant and licensee.

4.        The Department shall deem its findings and order final unless within 30 days from the date the findings and order is mailed, the applicant or licensee, or an authorized rep- resentative of the applicant or licensee, requests a hearing before the Commission.

D.      Commission Hearing and Decision.

1.        Hearing rights and procedures shall be governed by R20- 5-312.

2.        An applicant shall have the burden to establish that the applicant is entitled to a refund.

3.        Based on the evidence presented at hearing, the Commis- sion shall determine whether the fee charged by the licensee complies with the requirements of A.R.S. § 23- 521 et seq. and this Article entitling the applicant to a refund of the fee. The Commission shall issue written findings and an order setting forth its determination. The Commission decision is final unless a party requests review within 30 days from the date the decision is issued.

4.        A party may request review of a Commission decision issued under this subsection by filing with the Commis- sion a written request for review no later than 30 days after the written decision is mailed to the parties. The request for review shall be based upon one or more of the grounds set forth in R20-5-314 (B) that have materially affected the rights of a party. The request for review shall state the specific facts and laws in support of the request and shall specify the relief sought by the request.

5.        The Commission shall deem its decision upon review final unless an applicant or licensee seeks review as required by A.R.S. § 23-532(C).

Historical Note

Adopted effective September 9, 1998 (Supp. 98-3).