§ 20-176.2. Orders of the board.

(1)

After due public hearing, the board shall issue its order based on the greater weight of the evidence, either issuing an order to cease and desist, or dismissing the demand. Any order to cease and desist shall contain any findings of fact supporting the order and recommendations for compliance the board may have. The order to cease and desist shall contain an order of abatement framed in the manner of a writ of injunction.

(2)

If at the conclusion of a hearing, the board orders a dismissal of the demand and that the person complained against has not violated the code or any state or federal consumer protection law or regulation, the board shall so state and issue its order dismissing the demand.

(3)

Three (3) members of the board shall sit as a hearing board, and a majority vote of the hearing board shall be sufficient to sustain any action of the board.

(4)

One (1) or more hearing boards may be established by the board and upon formation thereof cases shall be assigned to the various hearing boards on a rotating basis.

(5)

To establish a cause of action under this section or the code, it need not be shown that consumers were actually injured.

(6)

An order issued by the board shall become effective fifteen (15) days from the day the order was mailed by the division to the respondent; provided that should the respondent file a motion for rehearing with the division prior to the effective date of the order, said order shall be temporarily stayed and the division shall cause the original hearing panel to be reconvened to decide such motion. If the division fails to reconvene the hearing panel within thirty (30) days from receipt by the division of the motion for rehearing, the motion shall be deemed granted. Upon the granting of a rehearing, the hearing panel shall, after presentation of evidence, issue a new order either affirming, modifying or setting aside the original order. This order issued after the rehearing shall become effective in the same manner as the original order. If a rehearing does not occur within ninety (90) days after it has been granted, the complaint against the respondent shall be dismissed and any existing order vacated.

(7)

An order of a three-member hearing panel levying a civil penalty shall not be final for thirty (30) days after rendition by the hearing panel, and an order of a three-member hearing panel revoking or suspending an occupational license shall not be final until approved by resolution of the board of county commissioners.

(8)

An order, decision or opinion of the board may be appealed by the filing of a writ of certiorari in the circuit court of the Seventeenth Judicial Circuit in and for Broward County, Florida, by any party receiving an adverse ruling from the board.

(Ord. No. 81-77, § 20, 8-11-81; Ord. No. 89-28, § 4, 7-11-89)