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Backup 12/20/2023CONTRACTORS LICENSING BOARD Backup Documents 12/20/2023 CASE NUMBER:zo23- tO Public Hearing Procedures of the Collier Coun tV Contractor Licensing Board r The Hearing will be conducted pursuant to procedures set out in Collier County Ordinance #90- 105, as amended, and Florida Statutes Chapter 49. The Hearing is quasi-judicial in nature. The formal Rules of Evidence will not apply. Fundamental fairness and due process shall be observed and shall govern the proceeding. lrrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct oftheir affairs shall be admissible whether or not such evidence would be admissible in a trialin the courts of Florida. 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. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. The genera I purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. The County then presents its Case in Chief, calling witnesses and presenting evidence. The Respondent may cross-examine these witnesses. 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 testlfy, and to rebut any evidence presented against the party. After the Respondent has presented his/her case, the County may present a rebuttal to the Respondent's presentation. When the rebuttal is concluded, each party may present their Closing Statement. L 2 3 4 5 6 7 8 o 10. 71. t2 13 Agenda Item 10A Printed Name of Respondent Signatu re of Respondent Date 2 1,4. The County will have a further opportunity to rebut after the conclusion of the Respondent's Closing Statement. 15. The Board willthen close the Public Hearing and will begin its deliberations. 16. Prior to the beginning of deliberatlons, the Attorney for the Board will give the charge similar to a Charge to a Jury, setting out the parameters upon which the Board can base its decision. f7. During deliberations, the Board can ask for additional information and clarification from the parties. 18. The Board willthen 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) lf 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 Chait will read a summary ofthe Order to be issued by the Board. The summary wlll set forth the basic outline of the Order but may not be the exact same language as the Final Order. 20. The Final Order will include the full details as required under State law. />/'y'' CASE NUMBER: 9. 10 1,1, 1 Public Hearing Procedures of the Collier Countv Contractor Licensing Board The Hearing will be conducted pursuant to procedures set out in Collier County Ordinance #90- 105, as amended, and Florida Statutes Chapter 49. The Hearing is quasi-judicial in nature. The formal Rules of Evidence will not apply. Fundamentalfairness and due process shall be observed and shall govern the proceeding. lrrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct oftheir affairs shall be admisslble whether or not such evidence would be admissible in a trial in the courts of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itselfto support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. The County then presents its Case in Chief, calling witnesses and presenting evidence. The Respondent may cross-examine these witnesses. 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. After the Respondent has presented his/her case, the County may present a rebuttalto the Respondent's presentation. When the rebuttal is concluded, each party may present their Closing Statement. 1 2 4 5 6 7 8 1,2 13 l,lSf1 Agenda Item 10B 1,4. 15 16. 17. 18. 19. 20. The County will have a further opportunity to rebut after the conclusion of the Respondent's Closing Statement. The Board will then close the Public Hearing and will begin its deliberations. Prior to the beginning of deliberations, the Attorney for the Board will give the charBe similar to a Charge to a Jury, setting out the parameters upon which the Board can base its decision. During deliberations, the Board can ask for additional information and clarification from the pa rties. 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) lf 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 Sanctlons and take another vote. After the two matters have been decided, the Chair or, in his/her absence, the Vice Chair, will read a sum ma ry of the Order to be issued by the Board. The summa ry will set forth the basic outline of the Order but may not be the exact same language as the Final Order. The Final Order will include the full details as required under State law. ot/r (or-r Printed Name of Respondent lz-zo'L> Sign ture of Respondent Date 2 z-)