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a. Designated Enforcement Officials. This Subchapter is enforceable by the Director of the Contractors Licensing Board or by Code Enforcement Officers designated by the City.
b. License Required. No person shall undertake any work as a general contractor or as a specialty contractor without first obtaining a license from the Contractors Licensing Board.
c. Interagency Cooperation. All city and county agencies and employees are directed and authorized to cooperate with the Board and are further directed to not issue any city or county permits or approvals without first obtaining proof of compliance with this Subchapter.
d. Legal Action. The Board is also authorized to bring necessary legal action, including cease and desist orders, against unlicensed contractors in order to protect the public health, safety and welfare.
e. Enforceability of Contract. No contract for the performance of any act for which a license is required by this Subchapter shall be enforceable by the general contractor or specialty contractor unless the contractor was properly licensed at the time the work was performed.
f. Injunctive Relief. In addition to all other remedies, when it appears to the Director, either upon complaint or otherwise, that any person, firm, partnership, corporation, association or other organization, or a combination of any of them, has engaged in or is in engaging in any act of contracting, practice or transaction which constitutes a violation of these regulations, the Director may apply through the Board’s attorney to the Warren Circuit Court for an injunction restraining such person from engaging in such act, practice or transaction, or doing any act in furtherance thereof, and upon a proper showing, a temporary restraining order, a preliminary injunction or permanent injunction shall be granted without bond. Processes in such action may be served upon the Defendant in any county of this state where he transacts business or is bound.
g. Proof of Valid License. At the request of the Director, and after the issuance of the citation, or a cease and desist order, the County, City or authority of the State may cause work on a residential or commercial construction project to cease or be suspended on that project until there is compliance with the licensee requirements of these regulations by those contractors employed on that project.
h. Duty to Provide List of Subcontractors. Any licensed contractor shall provide to the Contractors Licensing Board, upon request, a current list of all subcontractors on a particular project.
i. Authority to Enter Property. Any person enforcing this Subchapter may enter upon private premises for the purposes of making inspections to ensure compliance with these regulations and to enforce the provisions of this Subchapter.
j. Complaint and Investigations: Disciplinary Actions.
1. Complaints and Investigations.
(a) Any aggrieved person may file with the Board a complaint against any licensee alleging dishonest or fraudulent conduct injurious to the welfare of the public. Such complaint shall:
(1) be written and signed;
(2) include the address of the job site;
(3) include phone numbers of the complainant and of the person/entity in violation of these rules;
(4) describe the specific grievance;
(5) include any related documentation; and,
(6) include any other relevant material that may be useful in the investigation.
(b) If the Director finds that an investigation is necessary, the Board's staff shall commence the investigation within fifteen (15) days after the date the complaint was filed.
(c) If it appears from the investigation that a licensee may have committed dishonest or fraudulent conduct injurious to the welfare of the public, the Director may:
(1) request the licensee orally or through a warning letter to take corrective action;
(2) request the licensee to meet informally with the Board's staff and the complainant; or,
(3) require the licensee to appear before the Board and show cause why disciplinary action should not be taken against him.
2. Notice of Contemplated Action.
(a) The Board will presume that the address of an applicant or licensee which is on file with the Board is his correct address.
(b) Before taking disciplinary action against a licensee, the Board will provide reasonable notice of the action contemplated.
3. Disciplinary Procedure; Hearings.
(a) Notice; Request for Hearing.
(1) If the Director intends to revoke or suspend a certificate of registration (license), it shall issue and serve on the respondent a notice of intent to take an action, giving the opportunity for hearing.
(2) If the Director issues a notice of intent to take an action and no written request for hearing is received by the Board within twenty-one (21) days of the date of mailing the notice, the Board may issue a default order.
(3) If the Director issues a notice of intent to take an action and a written request for hearing is timely received, the Board will set a hearing to determine whether the respondent has violated any provision of this Subchapter or any of these rules, and if so, the duration of any suspension.
(b) Administrative hearings may be held before the Board. If the respondent fails to appear at the hearing, the Director must present a prima facie case.
(c) In a hearing conducted pursuant to these regulations, a corporation may be represented by a corporate officer or employee who is not a member of the state bar, if:
(1) The corporation has specifically authorized the officer or employee to represent it; and,
(2) The representation is not the officer’s or employee's primary duty to the corporation, but is secondary or incidental to the officers or employee's duties relating to the management or operation of the corporation.
(d) Based on evidence received at the hearing, the Board will prepare findings of fact and conclusions, and issue an order for a specific violation or a final order dismissing the matter.
(e) The respondent and/or the respondent's attorney may appear before the members of the Board to argue against the proposed order, if the Board receives written notice of intent to do so before the Board meeting date. Oral argument will be permitted only if the original exceptions were timely received.
(f) Notwithstanding any backdating of a renewal, a person shall be in violation of this Subchapter if, at the time a person undertakes, offers to undertake, or submits a bid to do work as a contractor, the person is not actively registered with the Board.
4. Grounds for Disciplinary Hearings.
The Board may suspend or revoke a contractor’s license, or take any other appropriate measure, if, after an evidentiary hearing, the licensee is found guilty of any dishonest or fraudulent conduct injurious to the welfare of the public.
A contractor aggrieved by a disciplinary measure of the Board may appeal such decision to the Warren Circuit Court within thirty (30) days of such action.
6. Enforcement Proceedings Before Code Enforcement Board.
(a) Enforcement proceedings for this Subchapter other than those set out above shall be designated as civil violations, and shall be initiated by the issuance of a citation by the Code Enforcement Officer as set out in the procedures in Chapter 2 of this Code, except as may be set out herein.
(1) The notice of the violation or citation shall be delivered to the violator at his last known address as listed on his contractor's license, if any. Such notice of violation or citation shall be deemed to be properly served if given by certified mail, return receipt requested, by personal delivery or by leaving the notice at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice. Service by certified mail shall be presumed to have been served on the third day following mail.
(2) The citation issued by the code official shall contain not only the information set forth in Chapter 2, but shall also contain the location by address of the construction project involved.
(b) In addition to all procedures as set out in Chapter 2 of this Code of Ordinances, the Contractors Licensing Board may also take immediate action to remedy a violation of this Subchapter, including the issuance of a Stop Work Order, for work not in compliance with the requirements of this Subchapter. Any person violating any portion of this Subchapter shall be subject to civil penalties as set out in Subchapter 27-8 of this Code. Each case brought before the Code Enforcement Board alleging a violation of this Subchapter shall be prosecuted by the Code Enforcement Officer or by an attorney requested by the Contractors Licensing Board.
(Ord. BG2001-50, 11/20/2001; Ord. BG2006-25, 7/18/2006; Ord. BG2006-27, 8/15/2006; Ord. BG2014-3, 3/4/2014; Ord. BG2014-13, 6/3/2014)