§ 6-229. Disciplinary proceedings.

A hearing shall be held only upon notice to the holder of the certificate of competency sought to be disciplined and the complainant. "Notice" shall be defined as written notice sent by certified mail to the last known address of the holder of the certificate of competency sought to be disciplined or hand delivered not less than 30 days prior to a hearing.

The board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental procedural due process shall be observed and shall govern the proceedings.

Each case before a board shall be presented by a member of the administrative staff of the local governing body.

Each board may take any of the following actions against any certificate holder or registrant found guilty of, but not limited to, any of the acts listed in sections 6-207, 6-212, or 6-213 above: place on probation, reprimand, revoke, suspend, or deny the issuance or renewal of the certificate, registration, require financial restitution to a consumer for financial harm directly related to a violation of a provision of this part, impose an administrative fine not to exceed $5,000.00 per violation, require continuing education, and/or assess costs associated with investigation and prosecution.

No suspension imposed by a board shall be for a period exceeding one year in duration. The effective period of revocation of a contractor's certificate of competency shall be for a period of not less than one year nor more than five years, except as provided below. Any contractor whose certificate of competency has been revoked as provided for in this subsection, in order to gain reinstatement shall have to take the appropriate examination and meet all the same requirements as a person who is seeking to receive a certificate of competency for the first time.

When a board is presented with a case or conduct constituting egregious circumstances whereby the board is convinced that the safety of the public demands permanent revocation, then the board may permanently revoke a contractor's certificate of competency by unanimous vote at a meeting with not less than four-fifths of the board membership in attendance.

If a certificate holder disciplined under this section is a qualifying agent or financially responsible officer for a business organization and the violation was performed in connection with a construction project undertaken by that business organization, a board may impose an additional administrative fine not to exceed $5,000.00 per violation against the business organization or against any partner, officer, director, trustee, or member if such person participated in the violation or knew or should have known of the violation and failed to take reasonable corrective action.

A board shall not reinstate the certificate of, or cause a certificate to be issued to, a person who or business organization which a board has determined is unqualified or whose certificate a board has suspended until it is satisfied that such person has complied with all the terms and conditions set forth in the final order of suspension and is capable of competently engaging in the business of contracting.

Each board may assess a penalty on all fines imposed under this section against any person or business organization that has not paid the imposed fine by the due date established by rule or final order. Each board will establish the penalty.

A board shall not issue or renew a certificate or registration to any person or business organization that has been assessed a fine, interest, or costs associated with investigation and prosecution, or has been ordered to pay restitution, until such fine, interest, or costs associated with investigation and prosecution or restitution are paid in full or until all terms and conditions of the final order have been satisfied.

If a board finds any certificate holder guilty of a violation, each Board may, as part of its disciplinary action, require such certificate holder to obtain continuing education in the areas of contracting affected by such violation.

If a business organization or any of its partners, officers, directors, trustees, or members is or has previously been fined for violating this ordinance or section 489.132, Florida Statutes, each board may, on that basis alone, revoke, suspend, place on probation, or deny issuance of a certificate or registration to a qualifying agent or financially responsible officer of that business organization.

Any person aggrieved by any decision or action of a county contractor competency board may petition for writ of certiorari filed in the Okaloosa County Circuit Court within 60 days of the entry of the order to be appealed. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the board.

In addition to any action taken on the individual's local license, the board shall issue a recommended penalty to be imposed by the state construction industry licensing board. This recommended penalty may include a recommendation for no further action or a recommendation for suspension, revocation, or restriction of the registration or imposition of a fine to be levied by the state board, or a combination thereof. The board shall inform the license holder or registrant and the complainant of the local penalty imposed, the rights to appeal, and the consequences should the contractor decide not to appeal. The board shall, upon reaching adjudication or having accepted a plea of nolo contendere, immediately inform the state board of its action.

(Ord. No. 07-48, § 2(Exh. A), 9-4-07)