(a) Upon receiving a complaint in writing, made by any person and subscribed to by such complainant, and sworn to affirmatively by the complainant before an officer of the Building Division or magistrate authorized to administer oaths, stating in substance facts indicating that a home improvement general or a limited contractor registration-holder shall have done any of the things herein before mentioned which constitute cause for the suspension or revocation of his or her registration, the Secretary of the Contractor Board of Review shall cause a copy of such complaint to be served by certified mail on such Building Division issued registration-holder complained of. This notice shall also identify the Contractor Board of Review that will adjudicate the complaint, the location, time and date upon which the Contractor Board of Review will hear such complaint. The hearing by the Contractor Board of Review shall be at some time not later than sixty (60) calendar days after the filing of such complaint with the Building Division.
(b) Concurrently, the complainant shall also be notified as to the time, date and place of the hearing.
(c) At the time, place and date mentioned in such notices, the Contractor Board of Review shall hear the testimony of such complainant, and of the registration holder complained against, relative to the matters set forth in such written complaint, and also the testimony of any person(s) having knowledge of the facts and brought before such board as witness(es). All such testimony shall be heard under the oath or affirmation of the person(s) testifying. The Contractor Board of Review shall have the power to adjourn or continue such hearings or to change the place thereof as the circumstances of the particular case may require.
(d) The Contractor Board of Review shall determine the truth or falsity of the matters charged in the complaint after hearing the testimony upon such complaint. In addition, the Contractor Board of Review shall also determine whether any violation of the terms and conditions under which the Building Division issued registration was issued to the registration-holder complained of has occurred. If the Contractor Board of Review determines that such complaint is not true, or that the testimony fails to show that any violation of the terms under which such registration was issued has been committed, the Contractor Board of Review shall forthwith dismiss such complaint.
(e) If, however, it was ascertained that a violation has been committed, the Contractor Board of Review shall have the authority to suspend, for a period not to exceed six (6) months, or to revoke the Building Division issued registration held by the registration-holder. Any registration-holder whose registration shall be so revoked shall not be entitled to apply for the issuance of a new Building Division issued registration for a period of one (1) calendar year after the date of such revocation, and not until such former registration-holder has corrected the cause for which such registration was revoked or suspended, if a specific cause was stated. The penalty to be attached in each case shall be at the discretion of the Contractor Board of Review and within the limits prescribed herein. Any registration-holder that shall have twice previously been found guilty of violation of the terms and conditions of his or her Building Division issued registration shall have such registration revoked if found guilty on a third or later complaint.
(f) The Secretary of the Contractor Board of Review shall notify the Building Division's licensing section, in writing, by no later than the close of business of the following work day after the final determination of the Contractor Board of Review's hearing was made concerning the complaint filed against the registration-holder.
(g) The decision of the Contractor Board of Review concerning a revocation or suspension of a Building Division issued registration shall be appealed to the Director of Safety, pursuant to Section 501.13 of this Code. Such an appeal shall be limited to the record created during the proceeding before the applicable Contractor Board of Review.
(h) Following revocation, or during any period of suspension, such former registration-holder or registration-holder shall not perform any work of a registered contractor. The Building Division shall not issue a permit to a Building Division issued registered contractor while under revocation or suspension.
(Ord. C33-02. Passed 4-15-02.)