§ 8-65. Final order; appeal.

(1)

Disciplinary order. At the conclusion of a hearing conducted by the board, should the board determine that one or more grounds for disciplinary action exists, it shall enter a written disciplinary order, signed by the chairman, stating the form of disciplinary action and any conditions imposed by the board against the violator. An order of the board shall take effect immediately.

(2)

Issuance of recommended penalty to department; notification of disciplined contractor; informing department of action. Pursuant to any disciplinary order imposed by the board, a recommended penalty shall be issued to the appropriate state regulatory board(s) indicating no further action; a recommendation for suspension, revocation or restriction of the registration or certificate; a fine to be levied by the state board; or a combination thereof. The board shall inform the disciplined contractor and the complainant of the local license penalty imposed, the board penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The board shall, upon having reached adjudication or having accepted a plea of nolo contendere, immediately inform the appropriate state regulatory board(s) of its action and the recommended board penalty.

(3)

Challenge of penalty by disciplined contractor. The disciplined contractor may challenge the board's recommended penalty to the appropriate state regulatory board(s). A challenge shall be filed within sixty (60) days of the issuance of the recommended penalty to the board. If challenged, there is a presumptive finding of probable cause and the case may proceed without the need for a probable cause hearing.

(4)

Failure to challenge constitutes waiver of right to hearing before department; appeal to district court. Failure of the disciplined contractor to challenge the board's recommended penalty within the time period set forth in this subsection shall constitute a waiver of the right to a hearing before the appropriate state regulatory board(s). A waiver of the right to a hearing before the appropriate state regulatory board(s) shall be deemed an admission of the violation and the penalty recommended shall become a final order according to procedures developed by the appropriate state regulatory board(s) rule without further action. The disciplined contractor may appeal this board action to the district court.

(5)

Appeal to circuit court. An aggrieved party, including the local governing body, may appeal a disciplinary order of the board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.

(6)

Orders imposing disciplinary action. Orders imposing disciplinary action against a contractor shall contain, at a minimum, the following:

(a)

A clear statement of the violations charged.

(b)

A clear statement of the factual basis for the charges.

(c)

Evidence that the contractor was given notice of the charges, and of an opportunity to appear and present evidence and testimony regarding the charges.

(d)

Findings of fact made by the board.

(e)

Conclusions of law which demonstrate that the facts alleged constitute violations of chapter 489, Part I and/or II, Florida Statutes, or of the governing local ordinance (this code).

(f)

A statement of the penalty imposed.

(7)

Orders involving an appeal. Orders involving an appeal of the decision or interpretation of the building official or appeal of a technical amendment of the Hernando County Construction Code, or an appeal of a notice of unsafe building shall contain at a minimum, the following:

(a)

A clear statement of the issues being challenged/appealed.

(b)

A clear statement of the facts raised during the hearing.

(c)

Evidence that the appellant was given notice of the hearing and an opportunity to appear and present evidence and testimony.

(d)

Findings of fact.

(e)

Conclusions of law.

(f)

A summary and specific order of the board or special master detailing to the appropriate party what action if any, must be taken.

Orders shall be rendered following a hearing and reflect the facts and conclusions reached by the board or special master.

(8)

Appeals of decisions or interpretations of the building official.

(a)

Persons filing an appeal to a decision or interpretation of the building official shall file such an appeal in writing within thirty (30) days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official. Appeals relating to provisions of the Hernando County Construction Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to section 120.569, Florida Statutes, regarding the local government's action. Notice of administrative rights may be obtained from the board's principle office. The board shall meet within thirty (30) days after notice of appeal has been received.

(b)

In the case of a building, structure or service system which, in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such appeals to a shorter period.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 7, 1-6-04)