Preamble 2024-06cASENUMBER A"t4 - Oto
Public Hearine Procedures of the Collier Coun ontractor Licensinq BoardC
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The Hearing will be conducted pu rsuantto procedures setout in Collier Cou nty Ordinance #90-
10S, as amended, and Florida Statutes Chapter 49.
The Hearing is quasi-judicia lin nature. The formal Rules of Evidence will not apply.
Funda menta I fairness and due process shall be observed and sha llgovern the proceeding.
lrreleva nt, immateria l, or inconclusive evidence shallbe excluded but all otherevidence ofthe
type com monly 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 pu rpose ofsu pplementing orexplaining 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 Ru les of Procedure shall be effective to the same extent that theywould now be hereafter
recognized in civil actions.
The general pu rpose ofthe proceeding isfor the Countyto setout its opening statement which
deta ils 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 County then presents its Case in Chief, calling witnesses and presenting evidence.
The Respondent may cross-exam ine these witnesses,
once the county has closed its case in chief, the Respondent may presen t his/her defense a nd
may call witnesses a nd do all the things described earlier, that is to ca ll and examine witnesses,
to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of
which pa rty ca lled the witness to testify, and to rebutany evide nce 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 rebutta I is concluded, each party may present their Closing Statement.
The cou nty will have a furtheropportunity to rebutafterthe concrusion 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 Boa rd willgive the charge similar to
a Charge to a Jury, setting out the parameters u pon which the Board ca n base its decision.
During deliberations, the Board can ask foradditional information and clarification fromthe
pa rties.
The Board will then decide two different issues:
(a) First, whetherthe Respondent isguilty ofthe offense, ornot, as charged in the
Administrative Complaint and a vote will be taken on the matter.
(b) Second, lf the Respondent has been found guilty, then the Board m ust decide upon
the Sanctions to be imposed. The Boa rd'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 anothervote.
Afte r the two matters have been decided, the Chair or, in his/her a bsence, the Vice Chair, will
read a su m mary of the Order to be issued by the Board. The sum mary will setforth 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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Print a of Respondent
Signatu re of Respondent D ate
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