§ 10-68. Disciplinary proceedings.

(a)

Any person may file a complaint against the holder of a certificate of competency with the community development director. Such complaint shall be in writing and signed by the complainant. Within 15 days of the receipt of a complaint, the director shall determine whether the facts are sufficient to bring the certificate holder before the contractors examining board. If the director determines that sufficient grounds exist for the prosecution of the complaint, the director shall send by certified mail, return receipt requested, or personal service by the county sheriff's office or other duly recognized service authority, a copy of the complaint to the certificate holder and shall serve notice upon all interested persons of the date fixed for a disciplinary hearing before the contractors examining board. The certificate holder shall have the right to appear personally at the hearing and to present witnesses and/or evidence in his defense.

(b)

At the discretion of the community development director, and based on the specifics of the complaint, the complaint filed against the certificate holder may be directed to the code enforcement board for adjudication before proceeding with the prosecution of the complaint to the contractors examining board.

(c)

Each disciplinary hearing brought before the contractors examining board shall be presented by the director.

(d)

At the hearing, minutes shall be kept and all hearings and proceedings shall be open to the public. All testimony shall be under oath. Testimony shall be given by the community development director, or his designee, as to the grounds for the prosecution of the disciplinary action. Testimony may also be taken from the complainant and the certificate holder brought before these disciplinary proceedings. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings.

(e)

At the conclusion of the disciplinary hearing, the contractors examining board shall issue findings of fact, conclusions of law and a final order based on the evidence of record as to whether the certificate holder has violated any provision of this division. If the board determines that the certificate holder has violated any provision of this division, the board may suspend or revoke the contractor's certificate of competency by an affirmative vote of five or more members. Any suspension of a certificate of competency shall be for a specified period of time not to exceed one year.

(f)

The board may reissue a certificate of competency to any contractor whose certificate has been revoked upon the affirmative vote of five or more members of the board. If the board does not reissue a revoked or suspended certificate of competency, the certificate holder shall be prohibited from submitting an application for certificate of competency for one year from the effective date of the revocation.

(g)

An applicant or a permit holder may appeal any decision made by the contractors examining board to the board of county commissioners by filing a petition of appeal with the county administrator within 30 calendar days of the date of the rendition of the decision. The board of county commissioners shall review the petition at a public meeting within 30 calendar days from the date of filing the appeal. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten minutes per side, unless an extension of time is granted by the board. The board's decision shall be final for the purposes of administrative appeals. The board of county commissioner's review of the petition shall be limited to the record and facts which were available to the contractors examining board at the time of the rendition of the decision appealed. The board of county commissioners shall revoke the decision of the examining board only if there is competent, substantial evidence in the record that the decision fails to comply with this article.

(Code 1982, § 2-5-21; Ord. No. 92-04, pt. B, 4-7-1992; Ord. No. 93-10, pt. I, 5-11-1993; Ord. No. 96-013, pt. A, 5-28-1996)