§ 8-48.5. Special master; powers and authority

A special master shall have the power to:

(1)

To conduct administrative hearings against state and local certified contractors, registered contractors and business organizations or financially responsible officers issued a certificate of authority; when the report of a designated code enforcement officer, field investigator and the building official or his/her designee shows alleged violations of any provision of this code.

(2)

To issue a final order of disciplinary action against a contractor and/or a business organization and/or a financially responsible officer for violating any provision(s) of this code.

(3)

Impose fines, liens and to order the foreclosure of liens, as may be granted by statute, ordinance or this code.

(4)

To suspend, revoke, or place on probation the registration, certificate of authority of a business organization, the certificate of competency of a locally certified contractor, or the permit pulling privileges of any contractor working in the county found by the special master to have violated any provision of this code.

(5)

To suspend, place on probation, or revoke a certificate, registration, or certificate of authority for any individual or business organization that associates a person as an officer, director, or partner, or in a managerial or supervisory capacity, after such person has been found under a final order to have violated this section or was an officer, director, partner, trustee, or manager of a business organization disciplined by the special master or board by revocation, suspension, or fine in excess of two thousand five hundred dollars ($2,500.00), upon finding reasonable cause that such person knew or reasonably should have known of the conduct leading to the discipline.

(6)

Impose all penalties and related disciplinary action as set forth in section 8-62 of this Code and pursuant to adopted board rules to include disciplinary guidelines adopted thereto.

(7)

Take testimony under oath.

(8)

Adopt rules for the conduct of its hearing.

(9)

a.

Subpoena alleged violators/witnesses/persons having knowledge or having control of books, papers, records or other evidence relevant to a hearing; or, believed to have knowledge of the facts relevant to such hearing; directing such violator/witnesses/persons to appear and provide testimony and/or produce such evidence for examination at a hearing.

b.

Subpoenas may be served by the sheriff of the county.

(10)

Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

(11)

Determine whether cited violations occurred.

(12)

Determine whether a reasonable time period for compliance was given.

(13)

Assess and order the payment of civil penalties and administrative costs as provided under this article.

(14)

To require financial restitution to a consumer, when necessary.

(15)

To impose an administrative fine not to exceed five thousand dollars ($5,000.00).

(16)

To require continuing education.

(17)

To assess costs associated with investigation and prosecution of the violations(s) against the contractor, including associated legal fees.

(18)

To enter into stipulations with accused parties.

(19)

To conduct formal hearings involving unlicensed contractors.

Additional powers and authority shall be as provided in this code and as otherwise provided by county ordinance and/or law.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 5, 1-6-04)