§ 8-60. Powers and authority.

The powers and authority of the board shall include the following:

(a)

To conduct informal hearings against state and local certified contractors, registered contractors and business organizations issued a certificate of authority when the report of the department, principal office or its investigators shows alleged violations of any provision of this code.

(b)

To suspend, revoke, or place on probation the registration, certificate of authority of a business organization or the certificate of competency of a locally certified contractor found by the board to have violated any provision of this code.

(c)

To suspend, revoke, place on probation or restrict in any manner deemed necessary, the permit pulling privileges of any contractor working in Hernando County found by the board to have violated any provision of this code.

(d)

To issue letters of reprimand to any contractors or business organization issued a certificate of authority found by the board to have violated any provision of this code.

(e)

To establish specific, non-arbitrary disciplinary guidelines applicable to each specific ground for disciplinary action which may be imposed by the board or a special master.

(f)

To establish and adopt rules for the conduct of administrative hearings and orders involving decisions or interpretations of the building official as to the Hernando County Construction Code, and for the application for and issuance of certificates of authority, certificates, inactive certificates, renewal and expiration of certificates of authority and certificates.

(g)

To require financial restitution to a consumer, when applicable.

(h)

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

(i)

To require continuing education.

(j)

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

(k)

To enter into stipulations with accused parties.

(l)

To conduct informal hearings involving unlicensed contractors.

(m)

To conduct informal hearings involving certified and registered contractors to include person(s) or entities possessing certificates of authority.

(n)

To terminate informal hearings when a party asserts and/or raises an issue of disputed fact.

(o)

To refer terminated informal hearings to a special master.

(p)

To suspend, revoke, or deny issuance or renewal of 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 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.

(q)

To conduct hearings as to the appeal of a decision or interpretation of the building official regarding the Hernando County Construction Code.

(r)

To render final orders/decisions as to hearings involving the appeal of a decision or interpretation of the building official regarding the Hernando County Construction Code.

(s)

The board is authorized to conduct an administrative hearing either involving the appeal of a decision or interpretation of the building official or an appeal as to local technical amendments of the Hernando County Construction Code.

(t)

The board may vary the application of any provision of the Hernando County Construction Code to any particular case upon appeal when so appealed to and after a hearing. With regard to variances of the application of the Hernando County Construction Code, the decision is code to any particular case.

(u)

The board is authorized to hear and decide applications for issuance of grandfathered certificates pursuant to other provisions of this article and may delegate such functions in defined cases to the principal office.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 7, 1-6-04; Ord. No. 2005-17, § 1, 9-27-05)