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CLB Backup 03/17/2021 CONTRACTORS ' LICENSING BOARD Agenda March 17 , 2021 Guidelines— Contractors' Licensing Board's "Public Hearing" To be read by the Board's Chairman prior to opening a Public Hearing: The procedures to be followed during the Public Hearing are: I. The Hearing will be conducted pursuant to procedures set out in Collier County Ordinance #90-105, as amended, and Florida Statutes Chapter 49. 2. The Hearing is quasi-judicial in nature. The formal Rules of Evidence will not apply. 3. Fundamental fairness and due process shall be observed and shall govern the proceeding. 4. Irrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. 5. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. 6. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. 7. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. 8. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. 9. The County then presents its Case in Chief, calling witnesses and presenting evidence. 10. The Respondent may cross-examine these witnesses. 11. Once the County has closed its Case in Chief, the Respondent may present his/her defense and may call witnesses and do all the things described earlier, that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify, and to rebut any evidence presented against the party. 1 r A(\\ Prir 12. After the Respondent has presented his/her case, the County may present a rebuttal to the Respondent's presentation. 13. When the rebuttal is concluded, each party may present their Closing Statement. 14. The County will have a further opportunity to rebut after the conclusion of the Respondent's Closing Statement. 15. The Board will then close the Public Hearing and will begin its deliberations. 16. Prior to the beginning of deliberations, the Attorney for the Board will give the charge which is similar to a Charge to a Jury, setting out the parameters upon which the Board can base its decision. 17. During deliberations, the Board can ask for additional information and clarification from the parties. 18. The Board will then decide two different issues: (a) First, whether the Respondent is guilty of the offense as charged in the Administrative Complaint and a vote will be taken on the matter. (b) If the Respondent has been found guilty, then the Board must decide upon the Sanctions to be imposed. The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. 19. After the two matters have been decided, the Chair or, in his/her absence, the Vice Chair, will read a summary of the Order to be issued by the Board. The summary will set forth the basic outline of the Order but may not be exactly the same language as the Final Order. 20. The Final Order will include the full details as required under State law. The Chairman asks for a motion to approve opening the Public Hearing. Motion: (Board Member) moves to approve opening the Public Hearing for Case#2018- : The Collier County Board of County Commissioners, Plaintiff, vs. , d/b/a , Respondent. (Board Member) offers a Second in support of the motion. (Vote) Chairman asks if the County wishes to introduce the Administrative Complaint in this case into evidence as County's Exhibit"A"? �\ 2 r9--)\( r and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors'Licensing Board of its action and the recommended board penalty. 4.3.5.6 Fines and all other monetary penalties may be collected and disposed as authorized by and subject to Chapter 489, Florida Statutes. Should any monetary penalty imposed by the Board not be paid within the time specified by the Board's Order,the Board may request from the Board of County Commissioners authority to that appropriate legal action to collect the penalty. PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS'LICENSING BOARD. 5.1. Rehearing. Each respondent found to be in violation of this Ordinance,any other party,the Chairman of the CLB,the CLB as a body,or the Assistant County Attorney who tried the case may request a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be filed with staff and a copy thereof should be delivered to all other parties within twenty(20)days from the date of mailing or other method of delivery to the Respondent(s)of the Board's written decision under this Ordinance. A request for rehearing shall be based only on the ground that fundamental error occurred which resulted in a failure of due process, the decision was contrary to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was fundamental to the decision of the CLB. The written request for rehearing shall specify the precise issue(s) on which the request for rehearing is based. The decision of the CLB which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the County's Licensing Supervisor or the CLB orders otherwise. If any person with standing claims that fundamental error has occurred and such error is capable of being corrected, a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its Final Order on Rehearing before any request for any type of appellate review can be filed with any court. 5.1.2. If the Contractors'Licensing Board determines it will grant a rehearing,it shall: a. Conduct a hearing where the parties will be given the opportunity of presenting evidence and/or argument which may be limited by the Board to the specific issues for which the rehearing was granted. b. Affirm, modify, or reverse its prior decision, with or without receiving further evidence,providing that the change(s)is/are based on a finding that the prior decision of the Board resulted from fundamental error or a ruling on a question of law or of fact which the r\ C. \Board has been informed by its counsel was fundamental error or an erroneous ruling and that -b..' further Board action is required to correct such error(s). (:),N 44 Words st{aelE-Ehreeg►h are deleted;words underlined are added.