Preamble 2024-082
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CASE NUMBER:oz
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.
Fundamental fairness and due process shall be observed and shallgovern 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 of their affairs 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 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 general purpose ofthe 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 rebuttal to the
Respondent's presentation.
When the rebuttal is concluded, each party may present their Closing Statement.
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1.4.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 charge 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 Sanctions and take another vote.
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 the exact same language as the Final order.
The Final Order will include the full details as required under State law.
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Printed Name of Respondent
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Signature of Respondent Date
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CASE NUMBER:2ozv-0o
Public Hearins Proced ures of the Collier Countv Contractor Licensing Boa rd
1 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 ofthe
type commonly relied upon by reasonably prudent persons in the conduct of their aflairs 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 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 general purpose ofthe 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 Chiel 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 rebuttal to the
Respondent's presentation.
When the rebuttal is concluded, each party may present their Closing Statement.
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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 charge 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 Sanctions and take another vote.
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 the exact same language as the Final order.
The Final Order will include the full details as required under State law.
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Printed Name of Respondent
Signature of Respondent
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