§ 22-43. Administrative complaint regarding contractors.

(a)

Except as provided in section 22-42, if the investigation determines that there is a reasonable basis to believe a violation of this chapter has occurred, contractor licensing activity shall, unless such violation is formally or informally mediated, file an administrative complaint with the CLCA.

(b)

Upon the filing of an administrative complaint, the CLCA shall hold a public hearing to determine whether disciplinary action should be taken against the contractor and if so, to specify the disciplinary action.

(c)

Each administrative complaint shall contain the following information:

(1)

The name and address of the alleged violator and the factual basis thereof.

(2)

A statement of the alleged violation(s).

(3)

A recommendation to the CLCA for action to be taken.

Copies of applicable contracts, drawings or specifications may be attached as exhibits to the administrative complaint.

(d)

After the filing of an administrative complaint, the alleged violator shall be notified that the CLCA will conduct a public hearing to investigate the allegations in the administrative complaint. Notice shall be by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer or code enforcement officer/investigator, or by leaving the notice at the alleged violator's usual place of residence with someone above 15 years of age and informing such person of the contents of the notice, or by publication in accordance with F.S. § 120.60(5). The alleged violator shall be given at least ten days' written notice prior to the date of the public hearing. Said notice shall state the date, time and place of said hearing and that the alleged violator is responsible for making his own arrangements for preserving testimony given at the hearing.

(e)

Each contractor holding a license or registration from the county shall be responsible for keeping his current mailing address and telephone number/contact information on file with the contractor licensing activity which shall be responsible for timely mailing, delivering or publishing notice of hearing.

(f)

The building official shall provide such clerical and administrative personnel to the CLCA as may reasonably be required.

(g)

Cases before the CLCA shall be presented by county staff. At the hearing, the CLCA shall receive evidence and hear testimony, which shall be given under oath and shall be recorded, from county staff, the alleged violator and other witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. After receiving evidence and/or hearing testimony, the CLCA shall issue an order affording relief consistent with the powers granted in this chapter. The CLCA, county staff or the alleged violator may request a postponement or continuance of a scheduled public hearing.

(h)

The CLCA may take any of the following actions:

(1)

Require financial restitution to a consumer for financial harm directly related to a violation of a provision of this chapter;

(2)

Suspend permitting privileges;

(3)

Impose suspension or revocation of any registration or certificate of competency;

(4)

In determining the fine and penalty to be imposed, the CLCA shall be in accordance with the fine and penalty resolution adopted by Volusia County;

(5)

Any combination thereof.

(Ord. No. 2005-14, § 1, 10-6-05)