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The department of buildings shall require all appropriate licenses to be exhibited for examination by inspectors or employees of the department. The building department shall report to the board of crane operators examiners the names and addresses, if known, and the locations of employment of all persons and the names and address of the contractor who employed any persons engaged in the operation of a crane who are not properly licensed for the current year or who are not performing their duties in accordance with the provisions of this Code. The department of buildings, upon request of the board of crane operators examiners, shall also investigate complaints of violation of this Code received by the board and submit a report of the investigation with recommendations for disposition of the complaint to the board.
(Prior code § 20-21; Added Coun. J. 7-31-90, p. 19353)
ARTICLE VIII. PETITIONS AND HEARINGS BEFORE BOARDS OF EXAMINERS (2-116-280 et seq.)
The following procedure shall apply to petitions and hearings before the Board of Plumbing Examiners. Board of Examiners of Mason Contractors, Board of Examiners of Stationary Engineers and Board of Crane Operators Examiners (hereafter each such Board is referred to as the "Board") contesting the suspension or revocation of a license governed by the respective Board:
(a) The person whose license has been suspended or revoked by the Commissioner of Buildings pursuant to Section 14A-3-305 may file a written petition requesting a hearing to contest the suspension or revocation with the Board that governs the license. The written petition must be filed with the Board that governs the license within 45 days from the date of the suspension or revocation. The written petition shall recite the basis for contesting the suspension or revocation. Only one such petition may be filed or considered per suspension or revocation.
(b) Upon receipt of a properly and timely filed written petition, the governing Board shall within thirty (30) days of receipt cause a notice of hearing to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel. The Board may designate a hearing officer to conduct the hearing in its order. The hearing date shall be set no later than forty-five (45) days of the notice of hearing unless a later date is requested by the licensee in writing. The notice of hearing shall include the date, time and location of the hearing before the Board; a statement that the licensee is entitled to appear at the hearing to testify, present witnesses, and present any other evidence regarding the petition; a statement that the licensee may be represented by counsel at the licensee's sole expense; and a statement that if the licensee fails to appear at the hearing, the licensee is deemed to have conceded the petition.
(c) The proceedings shall be recorded by means of an audio recording or by a court reporter, as determined by the Board. In addition to the means of recording determined by the Board, the petitioner may also provide for an audio recording or court reporter at the petitioner's cost. All testimony shall be given under oath or affirmation. The Board shall have the power and discretion to issue subpoenas for the production of documents or testimony. The formal and technical rules of evidence shall not apply in the conduct of the hearing, and evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(d) Upon the closing of the record, the Board shall take the matter under consideration and render a written decision and order within sixty (60) days of the closing of the record. An affirmative vote of the majority of a quorum of the Board shall be required for an order to reverse the decision to suspend or revoke a license. The Board shall cause a copy of the written decision and order to be served upon the licensee or the licensee's counsel and the Corporation Counsel. No rehearing shall be allowed upon the decision and order. The decision and order of the Board shall constitute a final decision for purpose of judicial review by a court of competent jurisdiction.
(e) If the Board grants the petition to reverse the decision to suspend or revoke a license based upon a finding of post-suspension or post-revocation compliance with the underlying basis for the suspension or revocation, no such license shall be reactivated until such time the licensee has paid all related re-inspection or re-review fees and all of the penalties and fees that resulted from the actions that gave rise to the underlying basis for the suspension or revocation. Provided, however, if the basis for the license revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, reactivation for post-suspension or post-revocation compliance shall not be allowed unless the conviction or finding of liability is reversed or vacated.
(f) For purposes of this section, the term "license" shall include a license, registration or certification, and the term "licensee" shall include a licensee, registrant or certificate holder.
(Added Coun. J. 2-22-17, p. 43876, § 2; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 11)
The following procedures shall apply to petitions and hearings before the Board of Plumbing Examiners, Board of Examiners of Mason Contractors, Board of Examiners of Stationary Engineers and Board of Crane Operators Examiners (hereafter each such Board is referred to as the "Board") regarding the reinstatement of a revoked license;
(a) The former licensee may file a written petition requesting a hearing for reinstatement with the Board that governs the license. The written petition shall recite the basis for the revocation and the passage of time since the revocation and shall set forth the efforts undertaken by the former licensee regarding the rehabilitation of his or her character that would warrant allowing the privilege of holding a license of professional and public trust and confidence. Provided, however, if the basis for the revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, then no reinstatement shall be allowed unless the conviction or finding of liability is reversed or vacated. No petition shall be considered and no reinstatement shall be allowed less than one year or more than five years after the revocation of the license. Only one such petition for reinstatement may be filed or considered per revocation.
(b) The Board shall review the written petition within forty-five (45) days from receipt of the petition and issue an order either granting or denying the request for a hearing. The Board may designate a hearing officer to conduct the hearing in its order. The Board shall cause a copy of the written order to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel.
(c) If the Board grants a hearing, the Board shall cause a notice of hearing to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel within thirty (30) days of the Board's decision to grant a hearing. The hearing date shall be set no later than forty-five (45) days of the notice of hearing unless a later date is requested by the licensee in writing. The notice of hearing shall include the date, time and location of the hearing before the Board; a statement that the petitioner is entitled to appear at the hearing to testify, present witnesses, and present any other evidence regarding the petition to reinstate; a statement that the petitioner may be represented by counsel at the petitioner's sole expense; and a statement that if the petitioner fails to appear at the hearing, the petitioner is deemed to have withdrawn the petition.
(d) The burden of proof, by a preponderance of the evidence, regarding the rehabilitation of the petitioner that would warrant allowing the privilege of holding a professional license, public trust and confidence shall be on the petitioner. The proceedings shall be recorded by means of an audio recording or by a court reporter, as determined by the Board. In addition to the means of recording determined by the Board, the petitioner may also provide for an audio recording or court reporter at the petitioner's cost. All testimony shall be given under oath or affirmation. The Board shall have the power and discretion to issue subpoenas for the production of documents or testimony. The formal and technical rules of evidence shall not apply in the conduct of the hearing, and evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(e) Upon the closing of the record, the Board shall take the matter under consideration and render a written decision and order within sixty (60) days of the closing of the record. An affirmative vote of the majority of a quorum of the Board shall be required for an order to reinstate the license. The Board shall cause a copy of the written decision and order to be served upon the petitioner or the petitioner's counsel and the Corporation Counsel. No rehearing shall be allowed upon the decision and order. The decision and order of the Board shall constitute a final decision for purpose of judicial review by a court of competent jurisdiction.
(f) If the Board grants the petition for reinstatement, no such license shall be reinstated until the petitioner has paid all license fees for the period during which the license was revoked as well as any and all monetary penalties and civil restitution ordered by a court or administrative tribunal of competent jurisdiction that resulted from the actions that gave rise to the underlying basis for the revocation.
(g) For purposes of this section, the term "license" shall include a license. registration or certification, and the term "licensee" shall include a licensee, registrant or certificate holder.
(Added Coun. J. 2-22-17, p. 43876, § 2)