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(a) Causes of Revocation, Suspension or Limitation. The Department may revoke, limit, suspend or refuse to issue or renew any license, for any of the following: (Amended by Ord. No. 139,419, Eff. 11/30/69.)
1. Failure to timely pay the fees as set forth in the particular article of this Code regulating the work, act, trade, or profession for which such license was issued.
2. Falsification of any record, fact or information required by this Code or any rule or regulation of the Department in granting any license to any person, whether such person is the licensee or not. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
3. Withholding of any record, fact or information required by this Code or by rule or regulation of the Department in granting any license to any person, whether such person is the licensee or not. (Amended by Ord. No. 139,149, Eff. 11/30/69.)
4. Incompetence in performance of any of the duties, tasks, skills or functions for which the license has been issued.
5. Inability to properly perform any of the duties, tasks, skills, or functions for which the license has been issued.
6. If any reason exists which would have been cause for denial of such license.
7. Failure to maintain any of the equipment, conditions, personnel, or provisions precedent to the issuance of any license.
8. Failure to carry out any of the conditions or provisions precedent to the issuance or maintenance of any license.
9. Violation of any provision of this Code in doing any act or work authorized to be done by such license.
10. Willful, gross, or negligent failure to observe violations of this Code when such observation is the duty of the licensee.
11. Willful, gross, or negligent failure to report violations of this Code, when such report is the duty of the licensee.
12. Willful complicity in any act designed to circumvent or violate any provisions of this Code or of any rule or regulation of the Department. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
13. Willful omission or misrepresentation of any material fact in an application for any permit required for any work or act regulated by this Code.
14. Conspiring to secure for another, by misrepresentation, fraud, or deceit, any license required by this Code.
15. Permitting any person to use such license to perform any act of work of the kind authorized by such license for the purpose of avoiding compliance with any provision of this Code or of any Department rule or regulation. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
16. Willful or gross disregard of this Code or Department rules or regulations governing the act, trade, occupation, profession, process, installation of work for which the license is granted. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
17. Gross neglect or duty or insobriety.
18. Absence while work is in progress, which work requires the attendance, act, or supervision of the licensee.
19. Misrepresentation in any contract or agreement to perform any act or work authorized to be done by such license.
20. Publishing, uttering or disseminating any false, deceptive or misleading statements or advertisements in connection with any work, service or act authorized to be done under any license granted by the Department. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
21. Willfully failing to comply with any reasonable terms of any contract made as a part of the exercise of the permitted trade, work, or profession.
22. For any reason set forth elsewhere in this Code governing the work, act, trade, or profession for which the license is issued.
23. Failure to timely make any required report to the Superintendent. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
Section
98.0301 Purpose.
98.0302 General Provisions.
98.0303 Accusation re Suspension or Revocation of Licenses or Permits.
98.0304 Notice of Defense to Accusation.
98.0305 Notice of Hearing on Accusation.
98.0306 Amendment of Accusation after Submission.
98.0307 Subpoenas.
98.0308 Evidence.
98.0309 Official Notices.
98.0310 Method of Decision in Contested Cases.
98.0311 Defaults and Uncontested Cases.
98.0312 Reconsideration.
(a) Hearing Examiners. The Board or the Superintendent may appoint one or more hearing examiners or the Board may designate one or more of its members to serve as hearing examiners to conduct hearings. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Conduct of Hearing. The examiner hearing the case shall exercise all powers relating to the conduct of hearings.
(c) Reporting. The proceedings at the hearing shall be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the prescribed fee therefor.
(d) Continuances. The Board or the Superintendent may grant continuances; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the hearing examiner for good cause shown so long as the matter remains before the hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(e) Oaths – Certification. In any proceedings under this article, the Superintendent, the Board, any board member, any examining board, the Secretary of the Board or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(f) Reasonable Dispatch. The Superintendent, the Board, or the hearing examiner shall proceed with reasonable dispatch to conclude any matter being heard. Due regard shall be shown for the convenience and necessity of any parties or their representatives. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(g) Time and Place of Hearing. The Superintendent or the Board shall determine the time and place of hearing. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(h) Attendance of City Attorney. The City Attorney, upon the request of the Superintendent or the Board, may assign one of the City Attorney’s deputies or assistants to attend any hearing, and to give advice on any and all legal matters pertaining to the proceeding. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(i) Maintenance of Order. The Superintendent, the Board or examiner shall require the maintenance of order in the hearing room, may order the exclusion of witnesses, may expel anyone who disturbs the hearing, and may secure the aid of the Police Department for such purposes. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(a) Contents. Whenever a hearing is required or available by this Code to determine whether a license as defined herein should be revoked suspended, limited or conditioned, such hearing shall be initiated by filing an accusation. The accusation shall be verified unless made by a public officer acting in their official capacity or by a duly appointed representative of the Department. The verification may be on information and belief. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Service. Upon the filing of an accusation, the Superintendent shall serve a copy thereof on the respondent. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(c) Method of Service. The accusation may be served on the respondent personally or by registered or certified mail.
(d) Proof of Service – Time of Taking Effect. Service by registered mail shall be effective on the date of mailing, if a registered letter containing the accusation is mailed, postage prepaid, addressed to the respondent at the latest address on file with the Department, or as known by the City Clerk. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(e) Appearance – Objections to Service Waived. Where a respondent files a notice of defense or otherwise appears in a proceeding, all objections to the validity of service shall be deemed waived.
(f) Instructions With Accusation. The copy of the accusation shall include or be accompanied by a statement that respondent may request a hearing by filing a notice of defense as provided hereinafter within ten days after service upon the respondent of the accusation, and that failure to do so will constitute a waiver of the respondent’s right to a hearing. A postcard or other form, entitled “Notice of Defense,” shall be included with the accusation, which, when signed by or on behalf of the respondent and returned to the Department, will acknowledge service of the accusation and constitute a notice of defense as provided for hereinafter. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
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