§ 9-19. Orders of the hearing officer and board.  


Latest version.
  • (a)

    Recommended order of the hearing officer.

    (1)

    The hearing officer shall submit a recommended order to the board within thirty (30) days after conclusion of the hearing. The recommended order shall contain findings of fact and conclusions of law based upon clear and convincing evidence. The recommended order shall also make a recommendation as to the action, if any, to be taken against the certificate holder, business organization, or financially responsible officer. If the hearing officer recommends dismissal of the complaint, the recommended order shall so state. Copies of the recommended order shall also be provided to the complaint and the respondent.

    (2)

    A court reporter shall be provided for all hearings. Full transcripts shall be provided to the board. All evidence introduced at the hearing shall be forwarded to the board with the recommended order. The board shall consider the recommendation of the hearing officer and based upon the transcript and the evidence introduced below, the board may reverse, affirm or modify the recommendation of the hearing officer.

    (3)

    The complainant, respondent or a witness in the hearing before the hearing officer shall be afforded the opportunity to file written objections and to address the board regarding the recommended order but only as to the correctness of the findings of fact or conclusions of law contained in the record or to allege the discovery of relevant new evidence which was not known by the person providing the testimony at the time of the hearing before the hearing officer.

    (b)

    Order of the board.

    (1)

    After considering the hearing officer's recommended order or, if a hearing officer is not utilized, after the board conducts an evidentiary hearing regarding a complaint, the board shall issue its order based upon clear and convincing evidence. All orders shall contain findings of fact supporting the conclusions of law and the disciplinary actions and penalties ordered by the board.

    (2)

    If the board orders a dismissal of the complaint and finds that the individual, business organization, or financially responsible officer complained against has not violated a provision of the code or laws or regulations of the state of Florida, then the board shall so state and issue its order dismissing the complaint.

    (3)

    Copies of the board's orders shall be forwarded the appropriate state agency and to building officials in Palm Beach County, Miami-Dade County and all municipalities in Broward County.

    (c)

    Absent a board order retaining jurisdiction over the parties for a longer period of time, the board shall retain jurisdiction over the parties to an action for thirty (30) days from rendition of the order and may set aside its order for good cause at any time within thirty (30) days after the rendition of the board by rehearing, upon its own motion or motion of an interested party, when such rehearing is in the interest of the public. Absent a motion for rehearing, the board may not rehear a complaint brought against an individual, business organization, or financially responsible officer based on the same transaction(s) for which the board or hearing officer has previously held a disciplinary proceeding and the board has entered an order, unless it is shown that the evidence or testimony presented was fraudulent.

    (d)

    The board's order may be appealed by Petition for Writ of Certiorari to the Seventeenth Judicial Circuit within thirty (30) days of the date of rendition of the order as provided by the Florida Rules of Appellate Procedure.

    (e)

    An order is rendered when a signed, written order is filed with the clerk of the board. However, if an order has been entered and a motion for rehearing has been filed, the final order shall not be deemed rendered until the filing of a signed written order disposing of the motion for rehearing.

    (f)

    The board shall inform the disciplined contractor, business organization, or financially responsible officer and the complaint of the order of the board, in writing. For contractors required to be registered with the state of Florida, the board shall inform the contractor and the complaint regarding the penalty recommended for action by the Construction Industry Licensing Board or the Electrical Contractors' Licensing Board, the right to appeal, and the consequences should the contractor decide not to appeal.

(Ord. No. 78-9, § 1, 1-18-78; Ord. No. 94-27, § 9, 5-10-94; Ord. No. 2001-09, § 17, 3-27-01; Ord. No. 2010-15, § 1, 4-13-10)