§ 22-165. The contractors' licensing board.

(a)

Composition.

(1)

The contractors' licensing board, being Collier County's "Local Construction Licensing Board", is composed of nine members who shall be appointed by the board of county commissioners. A minimum of two of these members shall reside within corporate city limits or shall be recommended to the board of county commissioners by the city council. The board of county commissioners may also appoint alternate members as it deems appropriate. Three members of the CLB shall be consumer representative members. No such member shall be, or shall have ever been, a member or practitioner of any profession regulated by the CLB or any profession closely related to any such profession regulated by the CLB. The members of the CLB who are not consumer representative members should be either a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential, or a licensed building contractor. Except for consumer representative members, this provision is merely directory and failure to have members appointed from these trades shall not be grounds for voiding or otherwise affecting any action of the Board.

(2)

Collier County Ordinance No. 86-41, as now or hereafter amended (or any ordinance that is a successor in function thereto) shall be applicable to every member appointed or reappointed to the CLB after the effective date of this article, except the following: each initial full-term appointments of a member to the CLB shall be for a term of three years.

(b)

Internal operating procedures.

(1)

The contractors' licensing board shall elect a chairperson and vice-chairperson from its membership.

(2)

Meetings.

a.

The contractors' licensing board shall hold at least four meetings per year.

b.

Upon the request of the contractor licensing supervisor, or his designee, or at such other times as may be necessary, the chairperson of the contractors' licensing board (and, in his absence, the vice-chairperson or, in the vice-chairperson's absence, the temporary chairperson elected by majority vote of the members of the contractors' licensing board) may call hearings of the contractors' licensing board. Hearings may also be called by written notice signed by at least three members of the contractors' licensing board. At any hearing, the contractors' licensing board may set a future hearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public.

c.

Five members shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision.

d.

The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the contractors' licensing board for the proper performance of its duties.

e.

The county attorney, or his designee, shall either be counsel for the contractors' licensing board or shall represent the county by presenting cases before the contractors' licensing board, but in no case shall the county attorney or his designee serve in both capacities for the same case or at the same time.

(c)

Duties and powers of the contractors' licensing board.

(1)

Upon reference by the contractor licensing supervisor or petition by an applicant, the board shall have the power to determine the qualifications of applicants for the various categories of contractors' certificates of competency as measured by standards stated in this article.

(2)

The board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County or city certificate of competency, or a state certified contractor doing business in Collier County, should be disciplined pursuant to division 3 of this article. It shall be the duty of the contractor licensing supervisor to initiate disciplinary proceedings. No member of the contractors' licensing board shall have the power to initiate disciplinary proceedings in his/her capacity as a member of the contractors' licensing board.

(3)

The contractors' licensing board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the board in accordance with the provisions and intent of this article. Said policies, rules and regulations, when and if reduced to writing, shall be filed with the clerk to the board of the Collier County Board of County Commissioners.

(4)

The contractors' licensing board shall further have the power to:

a.

Hold hearings;

b.

Take testimony under oath;

c.

Adopt rules and regulations for the conduct of its hearings;

d.

Discipline contractors or journeymen holding Collier County/City Certificates of Competency or state certified contractors doing business in Collier County or the city pursuant to division 3 of this article;

e.

Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this article.

(5)

The contractors' licensing board shall also have all other powers granted to said board or otherwise by Florida law.

(6)

The contractor's licensing board shall have the power to make recommendations to the board of county commissioners regarding amendments to this article and shall review amendments to the article proposed by county staff.

(Ord. No. 90-105, § 3; Ord. No. 92-61, § 3; Ord. No. 94-34, § 3; Ord. No. 95-11, § 2, 2-28-95; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45, § 3.1—3.3.6, 6-8-99; Ord. No. 02-21, § 1(3.3.4), 5-14-02)

Cross reference

Boards, commissions, committees and authorities, § 2-816 et seq.