§ 5-311. Disciplinary proceedings.

(a)

The secretary of the board shall, upon his own motion or upon receipt of a sworn complaint from any person or upon direction of the board, investigate, or cause to be investigated, any alleged violation of the terms of this article.

(b)

The board shall consider the results of said investigation at a regularly scheduled meeting and shall be authorized to receive and consider such additional supporting data as it, in its sole discretion, may deem necessary to determine the prima facie existence of a violation of this article. If the board determines that the prima facie existence of a violation is established, the board shall take one or more of the following actions:

(1)

Instruct the secretary to send, by certified mail, a letter to the contractor or journeyman's last known address, as shown by the board's records, setting out the time of commission of the alleged offense and the section of this article alleged to be violated, notifying said person or firm to appear before the board at a time and placed designated therein, not less than ten (10) nor more than thirty (30) days from the date of mailing of the certified letter, to show cause why his certificate of competency should not be suspended or revoked.

(2)

Request the board of county commissioners to pursue any available alternate remedy.

(c)

The administrative hearing provided for in this section shall be open to the public and shall be conducted in accordance with the following rules of procedure:

(1)

The proceedings of said hearing shall be recorded and may be transcribed at the expense of any party requesting a transcript.

(2)

Each party shall have the right to appear either personally or by counsel or both, to present witnesses and evidence on his own behalf, to cross examine witnesses, and to submit rebuttal evidence.

(3)

The hearing need not be conducted according to technical rules of procedures relating to evidence and witnesses. Any relevant evidence shall be admitted if the board finds it competent and reasonable, regardless of the existence of any common law or statutory rule which might render improper the admission of such evidence in a court of law. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would otherwise be admissible under standard rules of evidence 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, immaterial, or unduly repetitious evidence shall be excluded.

(4)

Five (5) members of the board shall constitute a quorum for an administrative hearing and the vote of a majority of such quorum shall be sufficient for formal action by the board.

(d)

In the event it is determined that the contractor or journeyman is guilty of violating any provision of this article, the board shall be authorized to take the following disciplinary action:

(1)

Suspend the contractor or journeyman from all operations as a contractor or journeyman for a period not to exceed one year; provided, however, that the board may, in its discretion, permit the contractor or journeyman to complete any contract then incomplete.

(2)

Revoke the certificate of competency as of a date certain.

(3)

Place the contractor or journeyman on probation, setting out the terms of such probation and its duration, including provision that violation of any of the terms of such probation or of this article will result in the board either suspending or revoking the certificate of competency.

(e)

Following suspension of a certificate of competency on any grounds herein set forth, the board may remove such suspension on proof of compliance by the contractor or journeyman with all conditions prescribed by the board for removal of suspension, or in the absence of such conditions, as in the sound discretion of the board.

(f)

Appeals from decisions of the board shall be made to the circuit court for the Tenth Judicial Circuit in and for the county.

(Ord. No. 90-16, § 15, 7-3-90; Ord. No. 92-03, § 15, 2-11-92)