§ 22-203. Disciplinary sanctions.

(a)

Holders of Collier County or city certificates of competency. If, after hearing, the contractors' licensing board finds that there has been misconduct by a contractor, within the meaning of section 22-201, said board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination:

(1)

Revocation of a Collier County or city certificate of competency;

(2)

Suspension of a Collier County or city certificate of competency;

(3)

Denial of the issuance or renewal of a Collier County or city certificate of competency;

(4)

A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the contractors' licensing board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the contractors' licensing board may be revoked for cause by said board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in section 22-202. Service of said notice shall be as provided in section 22-202. Evidence that either of these methods of service have been utilized shall be sufficient to show that the notice of hearing requirements of this section have been met, without regard to whether or not the alleged violator actually received notice;

(5)

Restitution;

(6)

A fine not to exceed $10,000.00;

(7)

A public reprimand;

(8)

Reexamination requirement; or

(9)

Denial of the issuance of Collier County or city building permits or requiring the issuance of permits with specific conditions;

(10)

Reasonable investigative and legal costs for the prosecution of the violation.

(b)

(1)

Holders of State of Florida Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of section 22-201, said Board may deny the issuance of Collier County/City building permits or require the issuance of permits with specific conditions.

(2)

Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit.

(c)

When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as:

(1)

The gravity of the violation;

(2)

The impact of the violation on the public health, welfare or safety;

(3)

Any actions taken by the violator to correct the violation;

(4)

Any previous violations committed by the violator;

(5)

Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator.

(d)

Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in accordance with subsection 22-402(g)(9).

(e)

In addition to any action the Contractors' Licensing Board may take against the individual's or business organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its action and the recommended board penalty.

(f)

Fines and all other monetary penalties may be collected and disposed as authorized by and subject to F.S. ch. 489. Should any monetary penalty imposed by the Board not be paid within the time specified by the Board's Order, the Board may request from the Board of County Commissioners authority to that appropriate legal action to collect the penalty.

(Ord. No. 90-105, § 4.2.5; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 99-45, § 4.3.5—4.3.5.6, 6-8-99; Ord. No. 2002-21, §§ 1(4.3.5—4.3.5.6), 5-14-02; Ord. No. 06-46, § 1(4.3.5.1(f), 10-10-06)