(A) The Contractors Examining and Mediation Board shall have the power to develop tests and conduct testing to determine the qualifications of applicants for various types of contractors’ and superintendents’ licenses and certificates of competency for those professions and occupations for which the City Beach Examination Board and/or the Florida Construction Industry Licensing Board do not test, certify or quality. Such certificates of competency issued by the Board shall be applicable only to the performance of construction and contact-related services within the corporate limits of the city and shall be issued after the applicant has satisfactorily completed the examination process required by the Board. The Board, through the examination process, shall determine the type of certificate or license for which an applicant is qualified.
(B) The Board shall hold hearings to determine if a license or certificate issued by the Board, by the City Examining Board, or by the State Construction Industry Licensing Board, should be suspended or revoked for any violation of this subchapter, the city code of ordinances, or the State Building Code. After a hearing and upon finding a probable cause that a violation has been committed, the Board shall be empowered to fix the length of time for such suspension or revocation of the license of certificate or shall make a recommendation as indicated in division (H)(3) below. Any decision or recommendation of the Board may be appealed in writing to the City Council within 30 days of the Board’s decision.
(C) The Board, upon a finding of probable cause that a violation of this subchapter, the city’s code of ordinances, or the State Building Code has been committed, shall be empowered to make a recommendation to the State Construction Industry Licensing Board that license and certificate of competency of the firm, contractor or superintendent be revoked or suspended.
(D) The Board shall be empowered to appoint an employee from the Building Codes or Zoning Department to conduct an investigation of any complaints made against the licensed contractor or superintendent and shall determine whether to file administrative action or direct the investigator to file a complaint for prosecution of the violation against the firm, contractor or superintendent.
(E) The Board may call upon members of the industry to assist and advise them.
(F) The Board shall have jurisdiction to conduct investigations of all firms, contractors and super-intendents licensed by it, as well as authority to review and recommend administrative action, after findings of probable cause that violations have been committed, of all contractors, superintendents and trades.
(G) The Secretary of the Contractors Examining and Mediation Board may, upon their own motion, or shall upon sworn complaint in writing of any person, investigate, or cause to be investigated by a special investigator appointed by the Board, the charges against any contractor or superintendent qualified by the Board, the City Examination Board, or by the State Construction Industry Licensing Board, and shall submit a written report to the Board. Upon the filling of bankruptcy by or against a qualified contractor under this subchapter, or if a qualified contractor fails to keep in force with insurance policy as required, the Secretary of the Board shall immediately suspend the certificate of competency and report the matter to the Contractors Examining and Mediation Board for revocation action.
(H) The Contractors Examining and Mediation Board, upon receipt of such reports, shall decide if the report makes a prima facie showing of a violation of this subchapter and if so, shall take one or both of the following actions:
(1) Instruct the Secretary to send, by registered mail, a letter to the qualified contractor or superintendent to their last known address, as shown by the Board’s records, setting out the name of the complainant, the time of commission of the alleged offense, and the section of this subchapter alleged to be violated, and notifying the qualified contractor or superintendent to appear before the Board at a time and place fixed, not sooner than 20 days from the mailing of the registered letter, to show cause why his or her certificate of competency should not be further suspended or revoked;
(2) Instruct the investigator or complainant to file a sworn affidavit for the arrest of the qualified contractor or superintendent if they have violated any of the provisions of this subchapter; and
(3) The administrative hearing provided for in division (H)(1) above shall be open to the public.
(a) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript.
(b) The hearings need not to be conducted according to technical rules related to evidence and witnesses. They shall however be conducted in accordance with accepted parliamentary procedures related to motions, votes and decisions. Fundamental due process shall be observed and shall govern all meetings. Any evidence shall be admitted if the board finds it competent and reliable, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence. Hearsay may not be used for the purpose of supplementing or examining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, irrelevant and unduly repetitious evidence shall be excluded.
(c) Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and rebut the evidence against him or her.
(d) A written decision shall be made by the Contractors Examining and Mediation Board by a majority of the Board within five days of the close of the hearing. The decision shall be one or more of the following:
1. Not guilty;
2. Fine;
3. Suspension of a certificate of competency, stating why;
4. Revocation of a certificate of competency, naming an effective date; and/or
5. Recommendation of suspension or revocation of a certificate of competency or license to the State Construction Industry Licensing Board.
(Ord. 450, passed 9-9-2003)