§ 8-48. Special master, hearings.

(1)

(a)

There is hereby created, for the purpose of conducting an administrative (formal) hearing pursuant to this code, and the Hernando County Construction Code as adopted by ordinance, the position of special master. The special master shall be selected by the Hernando County Board of County Commissioners. The special master shall be a member in good standing with the Florida Bar engaged in the practice of law, be familiar with and have an understanding of construction practices, laws, rules and codes associated thereto.

(b)

A special master serves at the pleasure of the board. Compensation for the special master will be as established by contract. A person appointed as special master must be a member of the Florida Bar for five (5) years. A special master may not hold any other appointive or elective office while serving as a special master.

(2)

Upon receipt of a timely request for a formal hearing, the matter shall be set for hearing before either the special master, on the next regularly scheduled hearing date or as soon thereafter as possible.

(3)

Upon receipt of the request for an administrative hearing, the county shall serve a notice of hearing to the alleged violator or person filing an appeal, which notice shall include, but not be limited to, the following:

(a)

Place, date and time of the hearing.

(b)

Right of alleged violator to be represented by an attorney.

(c)

Right of alleged violator to present witnesses and evidence and conduct the cross-examination.

(d)

A conspicuous statement reflecting the requirements of F.S. Ch. 286 that a person deciding to appeal any decision of a special master will need to ensure that a verbatim record of the proceedings is made.

(e)

In lieu of providing a notice of hearing as provide above, the county may include a hearing date in the citation that will be scheduled if the alleged violator files an "election of rights" requesting a hearing, provided that the citation includes the information required by this subsection.

(4)

No hearing shall be scheduled on a date sooner than ten (10) days from the date of service of the citation on the alleged violator unless there is reason to believe that a violation presents a serious threat to the public health, safety or welfare. All hearing shall be administratively scheduled by the principal office.

(5)

All hearings shall be open to the public. All testimony shall be under oath, minutes shall be taken, and the proceeding shall be recorded.

(6)

The principal office shall provide clerical and administrative personnel as may be necessary for each special master.

(7)

Each case before a special master shall be presented by a designated code enforcement officer, field investigator, building official or his/her designee or legal counsel assigned by the county attorneys office.

(8)

Formal rules of evidence shall not apply, but fundamental principals of due process shall be observed and govern the proceedings. All evidence of a 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 state court.

(9)

(a)

In the case of formal hearings each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses on any relevant matter, to submit rebuttal evidence. In the case of formal hearings before a special master each party shall also have the right to have subpoenas issued in his behalf by the special master.

(b)

At any time prior to the hearing date the special master assigned to hear the case may at the request of the designated code enforcement officer, field investigator, building official or his/her designee or legal counsel assigned by the county attorneys office; or at the request of an alleged violator and/or his/her attorney; issue subpoenas directing witnesses to appear and give testimony at the hearing. If on the date set for the hearing the alleged violator or person filing an appeal or his/her attorney fail to appear, the special master may find the alleged violator or person filing an appeal in default and shall proceed with the hearing and accept evidence relevant to the existence of a violation of this code and/or applicable codes, laws, rules and associated practices.

(10)

With regard to unlicensed contractor cases; lack of a state certificate, state certification or state registration may be established by confirming with the state department of business and professional regulation (DBPR) that the named violator does not hold a state certificate/registration. An original or certified copy of a written statement from the custodian of the records of the principal office that contact with DBPR was made and confirmation as to non-licensure was achieved regarding any named violator; shall be admissible into evidence and sufficient to establish the presumption that the alleged violator is not a state-certified contractor. The alleged violator has the right to present evidence to overcome this presumption.

(11)

With regard to unlicensed contractor cases; lack of a county certificate or county certification or registration may be established by confirming with the principal office, that the named violator does not hold a county certificate/certification/registration. An original or certified copy of a written statement from the custodian of records of the principal office that pertinent licensing records have been reviewed confirming that no record of county certification/registration exists for the alleged violator shall be admissible into evidence and sufficient to establish the presumption that the alleged violator is not a county-certified/registered contractor. The alleged violator has the right to present evidence to overcome this presumption.

(12)

The special master shall make findings of fact based on evidence presented. In order to make a finding affirming the issuance of a citation, the special master must find by a preponderance of the evidence that the alleged violator was responsible for the violation of the relevant code provision(s) as cited.

(13)

In the case of unlicensed contractor hearings; if the special master finds that a violation exists, the special master may order the violator to pay a civil penalty of not less than the amount set forth on the citation, but nor more than one thousand dollars ($1,000.00) per day for each violation. In determining the amount of the civil penalty, the special master may consider the gravity of the violation, any actions taken by the violator to correct the violation and any previous violations committed by the violator.

(14)

In the case of unlicensed contractor hearings a special master shall enter an order directing a violator pay a civil penalty set forth on a citation or notice of violation; upon notice from a designated code enforcement officer, field investigator, building official or his/her designee; the violator has not contested the citation or paid the civil penalty within the time frame allowed on the citation; or the violator has not contested the notice of violation and has not corrected the violation within the time frame set forth on a notice of violation.

(15)

With regard to licensed contractor hearings; if an alleged violator is found guilty of violating this code; the special master may impose disciplinary penalties including fines. A violator is also liable for the costs associated with prosecution and investigation of the respective case, all at the discretion of the special master and/or the board and in accordance with the adopted county fee schedule and established and adopted board rules. Said costs shall include but not be limited to; investigative time, attorney fees and special master fees.

(16)

In the case of formal hearings as to licensed contractors, upon conclusion of and within ten (10) days, a special master shall enter a final order of disciplinary action if appropriate. Final orders shall contain findings of fact, conclusions of law, recommended penalty to DBPR (if appropriate), type of disciplinary action (suspension, revocation, or probation), civil penalty amount, costs associated with prosecution and investigation and include any stipulations as applicable or ordered.

(a)

Such orders should be consistent with requirements set forth in sections 8-65 of this code titled "final order; appeal".

(b)

The principal office shall inform the board of any such orders.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 4, 1-6-04; Ord. No. 2014-22, §§ 4, 5, 10-28-14)