Preamble 2024-047
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Public Hearine Procedures of th e Collier Countv Contractor Licensing Board
The Hearing will be conducted pursuantto procedures setout in Collier Cou nty Ordinance #90-
10S, as amended, and Florida Statutes Chapter 49.
The Hearing is quasi-judicialin nature. The formal Rules of Evidence will not apply.
Fu ndamental fairness anddue process shall be observed and shallgovern the proceeding.
lrrelevant, immaterial, or inconclusive evidence shallbe excluded but all otherevidence ofthe
type commonly relied upon by reasonably prudent persons in the conduct oftheir affa irs shall
be admissible 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 orexplaining any evidence but
shall not be sufficient by itself to support a Finding u nless 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 theywould now be hereafter
recognized in civil actions.
The general purpose ofthe proceeding is for the County to set out its Opening Statement which
details its charges against the Respondent.
The Respondent may ormay not ma ke his/her Opening Statement setting out in generalterms
the defenses to the charges.
The Cou nty then presents its Case in Chief, calling witnesses a nd presenting evidence.
The Respondent may cross-examine these witnesses.
Once the County has closed its Case in Chief, the Respondent may presen t his/her defense a nd
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may call witnesses a o all the things described earlier, that is to ca ll and examine witnesses,
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to introduce exhibits,oss-examine witnesses and impeach any witnesses regardless of
which party ca lled the witness to testify, and to rebut anyevide nce presented against the party.
Afterthe 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.
The County will have a furtheropportunity to rebut afterthe conclusion ofthe Respondent's
Closing Statement.
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The Board will then close the Public Hearing and will begin its deliberations.
Prior to the beginning of deliberations, the Attorney forthe Board willgive the charge similar to
a Cha rge to a J u ry, setting out the parameters upon which the Board ca n base its decision.
During deliberations, the Board can ask foradditional information and clarification from the
pa rties.
The Board will then decide two different issues:
(a) First, whether the Respondent is guilty ofthe offense, or not, as charged in the
Admlnistrative Complaint and a vote will be taken on the matter.
(b) Second, lfthe Respondent has been found guilty, then the Board must decide upon
the Sanctions to be imposed. The Board's attorney willadvise the Board concerning the
Sanctions which may be imposed and the factors to be considered. The Board will
discuss the Sanctions and take anothervote.
Afterthe 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 su mmary will set forth the basic
outline of the Order but may not be the exact same langu age as the Final Order.
The Final Orderwill include the fulldetails as required underState law.
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Printed Name ndent
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Signature of Respondent Date
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