(a) Any person may file with the commissioner or board a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner or board will take. In all cases, the commissioner or board shall notify the complainant of the commissioner's or board's action or determination within ninety (90) days from the date of the commissioner's or board's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's or board's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. If the commissioner fails to take the action stated in such notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. When such an appeal is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-212-113(b). The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing the complaint.

(b) Where the complaint is upheld, the board may order the party named in the complaint to pay the attorney fees of the complainant, if there was an aggravated violation.

(c) The board, department, its officials and employees acting in their official capacity shall not be considered “persons” pursuant to this section.