(1) (a) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act: (i) that the owner is in compliance with Subsections 38-11-204(4)(a) and (b); or (ii) subject to Subsection (2), that the owner is entitled to protection under Subsection 38-11-107(1)(b). (b) If the director determines through an informal proceeding under Subsection (1)(a) that an owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(i) is not in compliance as provided in Subsection (1)(a)(i), the director may not issue a certificate of compliance. (2) (a) An owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(ii) shall submit an affidavit, as defined by the division by rule, affirming that the owner is entitled to protection under Subsection 38-11-107(1)(b). (b) If an owner's affidavit under Subsection (2)(a) is disputed, the owner may file a complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to resolve the dispute. (c) The director may issue a certificate of compliance to an owner seeking issuance of a certificate under Subsection (1)(a)(ii) if: (i) the owner's affidavit under Subsection (2)(a) is undisputed; or (ii) a court resolves any dispute over the owner's affidavit in favor of the owner.
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