CLB Backup 04/21/2021 CONTRACTORS '
LICENSING
BOARD
Backup Documents
April 21 , 2021
The procedures to be followed during the Public Hearing:
1. 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. A 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.
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.
/ •
A U
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"?
Motion:
(Board Member) moves to approve entering the County's information packet in the above-
referenced case into evidence as County's Exhibit"A." (Board Member)offered a Second in
support of the motion. (Vote)
After the County rests its case—and also the Respondent—a vote is taken to determine
whether the Respondent is guilty or not.
The Chairman will call for a vote.
Motion:
(Board Member)moves to approve closing the Public Hearing. (Board Member)offers a
Second in support of the motion. Vote.
(Board Member)moves to approve finding the Respondent guilty on (one or more) Count(s)as
set forth in the Administrative Complaint in this case. (Board Member)offers a Second in
support of the motion. Vote.
Board Attorney: Now that the Board has determined the Respondent was guilty of the
violations, it may consider Sanctions. The Respondent, , is the holder of Collier
County License# . If the Board finds that there has been misconduct, it may, but
shall not be required to, impose any of the following Sanctions, either alone or in combination:
• Revocation of the license;
• Suspension of the license;
• Denial of the issuance or renewal of the Certificate of Competency of the license;
• Imposition of a period of probation of a reasonable length of time, not to exceed two
years, during which time the Contractor's contracting activities shall be under the
supervision of the Contractors' Licensing Board;
• Requiring the Respondent to participate in an accredited program of continuing
education as related to the Contractor's activities;
• Restitution;
• Imposition of a fine, not to exceed five thousand dollars ($5,000);
• Public Reprimand;
• Denial of the issuance of Collier County or City Building Permits, or requiring the
issuance of permits with certain conditions;
• Repayment to the County of reasonable investigative and administrative costs.
1