A. Grounds: The Contractor Licensing Board may suspend, revoke, limit, or reclassify any license issued under the provisions of this chapter when the licensee or an employee of the licensee commits one or more of the following acts or omissions:
1. Improperly obtaining a license and/or a building permit through nondisclosure, misstatement or misrepresentation of a material fact;
2. Performing a form of construction contracting work for which they are not licensed;
3. Accepting and performing work clearly beyond their level of proficiency and skill, which work does not meet code requirements;
4. Failure to comply with any of the requirements of this chapter;
5. Combining or conspiring with any unlicensed person to evade the provisions of this chapter by permitting one's license to be used by such person;
6. Acting as agent, partner, associate or in any other capacity with any unlicensed person, to evade the provisions of this chapter; and,
7. Violating any provisions of the City ordinances pertaining to construction activities, including but not limited to failure to obtain required permits in a timely manner.
B. Procedure: When the building official believes that a contractor's license should be suspended, revoked, limited, or reclassified based on a violation of one or more of the items listed in subsection A of this section, the building official shall notify the licensee that the building official will recommend to the Contractor Licensing Board that the licensee's license be suspended, revoked, limited or reclassified. The building official shall give written notice either in person or by certified mail to the licensee of the facts and circumstances giving rise to the recommendation, including reference to the applicable sections of this Code which the licensee has violated. The notice shall state the requirement that the licensee shall have ten (10) days to request a hearing before the Contractor Licensing Board, and that if the licensee fails to request such a hearing, the Board shall act on the building official's recommendation at its next meeting. The notice shall state the place, date and time of the meeting where the Board will hear the building official's recommendation.
1. Upon receipt of notice, the licensee may request a hearing before the Board. Such request shall be in writing to the Board within ten (10) days of receipt of notice. Failure by the licensee to request the hearing shall be deemed a waiver of any right to a hearing on the matter and the order of suspension or revocation shall become final.
2. At such hearing, the licensee shall be given an opportunity to show compliance with all lawful requirements for the retention of the license. The licensee shall be given the opportunity to present testimony, oral and/or written, and shall have the right of cross examination. All testimony shall be under oath. The Board shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses. The decision of the Board shall be based upon the evidence produced at the hearing and made a part of the record thereof. The hearing shall be conducted in compliance with the procedures promulgated in accordance with the Wyoming Administrative Procedures Act.
C. Effects:
1. A person whose license has been revoked or suspended shall not be entitled to file a new application by the establishment of a new legal entity, or otherwise, during the length of such revocation or suspension.
2. In addition to the revocation or suspension of any license as provided in this chapter, any person who violates any provisions of this chapter, or any rule or regulation promulgated hereunder, is guilty of a misdemeanor, the penalty for which is prescribed under title 1, chapter 4 of this Code. (Ord. 2019-03, 7-9-2019)