(A) Grounds. The Town may suspend, revoke any registration issued under the provisions of this chapter when the registered contractor or an employee of the registered contractor commits one or more of the following acts or omission.
(1) Improperly obtaining a registration 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 registered.
(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 unregistered person to evade the provisions of this chapter by permitting one's registration to be used by such person.
(6) Acting as agent, partner, associate or in any other capacity with any unregistered person, to evade the provisions of this chapter; and
(7) Violating any provisions of the Town's ordinances pertaining to construction activities, including but not limited to failure to obtain permits in a timely manner.
(B) Procedure: When the building inspector believes that a contractor's registration should be suspended or revoked based on a violation of one or more of the items listed in subsection A of this section, the building inspector shall notify the registered contractor that the building inspector will recommend to the Contractor Registration Board that the registration be suspended or revoked. The building inspector shall give written notice ether in person and by certified mail to the registered contractor of the facts and circumstances giving rise to the recommendation, including reference to the applicable sections of this Code which the registered contractor has violated. The notice shall state the requirement that the registered contractor shall have ten days to request a hearing before the Contractor Registration Board, and that if the registered contractor fails to request such a hearing, the Town Council shall act on the building inspector's recommendation at its next meeting. The notice shall state the place and time of the meeting where the Contractor Registration Board will hear the building inspector's recommendation.
(1) Upon receipt of notice, the registered contractor may request a hearing before the Contracting Registration Board. Such request shall be made in writing to the Contracting Registration Board within ten days of receipt of the notice. Failure by the registered contractor to request the hearing shall be deemed a waiver of any right to a hearing and the order of suspension or revocation shall become final.
(2) At such hearing, the registered contractor shall be given an opportunity to show compliance with all lawful requirements for the retention of the registration. The registered contractor shall be given the opportunity to present testimony, oral and/or written, and shall have the right to cross examination. All testimony shall be under oath. The Contracting Registration Board shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses. The decision of the Contracting Registration 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 registration 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 a registration as provided in this chapter, any person who violates any provision of this chapter, or any rule or regulation promulgated hereunder, is guilty of a misdemeanor and should be punished by fine of up to $750.00 dollars, to which shall be added court cost up to the maximum allowed by law.
(Ord, 2021-20, passed 12-15-2021)