38-12-1105. Dispute resolution program - complaint process. (1) Any
aggrieved party may file a complaint with the division on a form prescribed by the
division alleging a violation of the act, this part 11, or a rule, regardless of whether
the provision allegedly violated contains a specific reference to this section.
(2) After receiving a complaint under this part 11, the division shall
investigate the alleged violations at the division's discretion. The division may, if
appropriate, facilitate negotiations between the complainant and the respondent.
The division may, on its own initiative, investigate potential violations of the act, this
part 11, or a rule when it receives evidence of a potential violation from a source
other than a filed complaint and may make determinations and take enforcement
actions pursuant to this section following such an investigation.
(3) (a) Complainants and respondents shall cooperate with the division in the
course of an investigation by responding to subpoenas issued by the division. The
subpoenas may compel testimony, take evidence, or seek access to papers or other
documents and provide site access to the mobile home parks relevant to the
investigation. Complainants and respondents must respond to the division's
subpoenas within fourteen days of the division sending the subpoenas by certified
mail.
(b) Failure to cooperate with the division in the course of an investigation is a
violation of this part 11.