§ 5.5-65. License review board.

(a)

Creation.

(1)

There is hereby created the Marion County License Review Board (the LRB).

(2)

The current members of the existing Marion County LRB created by Ordinance No. 99-6 shall constitute the members of the LRB created hereby, and shall serve the remainder of their terms. Any previous action of the LRB shall remain in full force and effect, it being the intent of the board of county commissioners to continue the existing LRB without interruption.

(b)

Composition.

(1)

The LRB shall be composed of seven (7) members and two (2) alternates. Whenever possible, the membership shall consist of at least one general contractor and contractors from the following areas, whenever possible: building, plumbing, electrical, mechanical, aluminum, air conditioning, and roofing. At least one but no more than two (2) of the members shall be consumer representatives as defined in F.S. § 489.131.

(2)

The county building official or his designee shall be a permanent ex-officio member of the LRB and shall serve as secretary.

(3)

A member of the county attorney's office shall serve as attorney to the LRB.

(4)

All members of the LRB shall be appointed by and serve at the pleasure of the board of county commissioners. Members shall serve four-year terms.

(5)

The LRB may adopt such procedures as are necessary for the proper performance of its duties.

(c)

Procedures.

(1)

Investigative powers.

a.

Upon a sworn complaint of an aggrieved party or the county building official, the LRB is empowered to investigate and conduct hearings upon charges relating to the contractor's competency, performance, negligence, conduct of work in violation of codes, misrepresentation, dishonest trade practices, allowing the contractor's certificate to be used by any other person, firm or corporation, or any other matter relating to the contractor's fitness and competency.

b.

The LRB shall give notice to any contractor charged under this article by certified mail at least ten (10) days prior to the hearing at the contractor's last known address.

c.

The LRB shall hear testimony under oath, however the rules of evidence shall not be strictly applied. The LRB shall issue findings of fact and conclusions of law within a reasonable time after conclusion of the hearing.

d.

The LRB may suspend or revoke the contractors certificate of competency, issue a letter of reprimand, authorize the county building official to withhold the issuance of any building permits on the contractors license, require restitution, impose a fine not to exceed five thousand dollars ($5,000.00) or any combination thereof. In determining any penalty or discipline the LRB shall consider the following factors:

1.

The gravity of the violation.

2.

Any actions taken by the violator to correct the violation.

3.

Any previous violations committed by the violator.

(2)

Interpretation of code.

a.

Any person aggrieved by the decision of the county building official regarding an interpretation of the Florida Building Code, or this article which does not involve alternate materials or methods, has the right to file an appeal to the LRB. The appeal must be in writing and be filed within thirty (30) days after the building official's written decision.

b.

The LRB shall schedule a hearing as soon as practicable after receipt of the appeal.

c.

The hearing before the LRB shall be informal and the rules of evidence shall not be strictly applied. The LRB shall render a written decision setting forth its findings and conclusions.

(3)

Rehearings of the LRB.

a.

Either party may petition to rehear a decision of the LRB relating to contractor discipline. Rehearings of decisions interpreting the Florida Building Code or this article are not permitted.

1.

The petition must be received by the county building department on a form provided by said department by 5:00 p.m. on the tenth calendar day after the date of the decision.

2.

The petition must specify the grounds for the rehearing.

3.

The license review board shall decide whether or not to rehear the case.

4.

The LRB shall notice the opposing party by certified mail at least ten (10) days prior to the date of the rehearing at the opposing party's last known address.

b.

The rehearing before the LRB shall be informal and the rules of evidence shall not be strictly applied. The LRB shall render a written decision setting forth its findings and conclusions.

(4)

Reinstatement of a contractor's certificate of competency or contractor's ability to be issued building permits.

a.

A contractor may petition the LRB to reinstate his certificate of competency or his ability to be issued building permits one year after the date of the LRB's original decision. The petition must specify the grounds for the reinstatement.

b.

The reinstatement hearing before the LRB shall be informal and the rules of evidence shall not be strictly applied. The LRB shall render a written decision setting forth its findings and conclusions.

c.

A contractor is limited to one petition for a reinstatement hearing per year.

(5)

Appeals. LRB decisions may be appealed, by writ of certiorari, to the Circuit Court in and for Marion County, within thirty (30) days after the date of the decision. Only decisions of the LRB relating to contractor discipline shall be stayed pending the conclusion of any appeal.

(6)

Compliance review board. When authorized by interlocal agreement, the license review board may constitute the compliance review board required by F.S. § 553.73.

(Ord. No. 09-23, § 2, 8-4-2009; Ord. No. 18-25, § 1, 11-6-2018)