§ 150.520.2. Procedures.

(a)

Any person including, but not limited to the building official of the city, may prefer charges against the holder of a contractor's certificate of competency issued pursuant to the provisions of this subchapter. Such charges shall be made in writing and sworn to by the complainant or complaining witness and submitted to the building official of the city who shall immediately notify the chairman of the receipt thereof. The building official shall mail a copy of such charges to the respondent within fifteen (15) days from the receipt thereof.

(b)

The building official, building official designee and the chairman of the board shall review the complaint for probable cause. If no probable cause is found, the complaint shall be denied and not referred to the board. A copy of the complaint and the findings of the building official and the chairman shall be placed in the respondent's file. The complainant or complaining witness shall have no right of appeal. Where a probable cause is found, the complaint shall be referred to the board for a hearing on the complaint.

(c)

The proceedings of the board may be informal in nature and the board shall not be bound by the rules of evidence. The board shall be entitled to rely on such evidence as is regularly relied upon in the ordinary course of the conduct of business.

(d)

The proceedings shall not be delayed, deferred or suspended without the approval of the board even though the respondent is made a party of civil litigation, or is a defendant or is acquitted in a criminal action, notwithstanding that either of such proceedings involves the subject matter of the investigation.

(e)

At the hearing the respondent shall be allowed to testify and to produce evidence and other witnesses in his behalf. The respondent may be accompanied by counsel. The respondent shall be given an opportunity to make a statement personally or by counsel, verbally or in writing, sworn or unsworn, explaining, refuting or admitting the alleged charges. The respondent shall be granted the right to be present at any hearing when evidence is to be presented to the contractors examining board and to call witnesses or present evidence and to cross-examine, subject to reasonable limitation.

(f)

If the respondent admits to the alleged charges the board shall immediately make a finding of guilt without further testimony. If the respondent fails to appear, the board may make its determination of guilt based upon the sworn complaint.

(g)

The complainant or complaining witness is not a party to the disciplinary proceeding. Unless found to be impractical by the chairman of the board due to unreasonable delay or other good cause, the complainant or complaining witness shall be granted the right to be present at any board hearing when evidence is to be presented, subject to reasonable limitations. The complainant or complaining witness shall have no right of appeal from the decision of the board.

(h)

Upon conclusion of the formal hearing, the board shall make a determination of guilt. If the respondent is found to be guilty of misconduct by the board, the board shall thereupon enter its findings, an order of guilt and determine the proper disciplinary action to be imposed upon the respondent.

(i)

If a complaint is brought against a respondent whose competency card is in a state of expiration, or expires prior to the hearing, the proceedings on the complaint shall be stayed. Provided, however, that the competency card may not be renewed, re-issued or activated until the board has disposed of the complaint.

(j)

Quorum/vote. No fewer than four (4) members, one (1) of whom must be the chairman or vice-chairman, shall constitute a quorum. All findings of guilt and recommendations of discipline shall be by affirmative vote of a majority of the committee members present, which majority must number at least three (3) members.

(k)

Appeal. Any decision of the Board imposing disciplinary action on a respondent may be appealed by the respondent to the city council within fifteen (15) days of the date of the board's decision; provided, however, a written notice of such appeal shall be filed with the city clerk within such a period of time. The city clerk shall notify all interested parties of the date fixed for hearing the appeal, which date shall be not less than thirty (30) days after the date of the filing of the notice of appeal. The hearing on appeal shall be, to the extent possible, upon the record and shall not be a hearing de novo. The council shall review the transcript of the hearing before the contractors examining board together with any tangible evidence considered by the board that determined its decision. The council may also entertain any additional testimony or evidence offered by the respondent or other interest party that was not brought out at the board hearing.

(l)

Stay on appeal. Any decision of the board imposing disciplinary action upon a respondent, other than revocation, which has been appealed by the respondent shall be automatically stayed upon receipt of the written notice of appeal by the city clerk.

(Ord. 90-43, passed 5-14-90; Am. Ord. 93-25, passed 6-14-93; Am. Ord. 06-108, § 1, 9-25-06)