§ 22-204. Rehearing.

Each respondent found to be in violation of this article, any other party, the chairman of the CLB, the CLB as a body, or the assistant county attorney who tried the case may request a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be filed with staff and a copy thereof should be delivered to all other parties within 20 days from the date of mailing or other method of delivery to the respondent(s) of the board's written decision under this article. A request for rehearing shall be based only on the ground that fundamental error occurred which resulted in a failure of due process, the decision was contrary to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was fundamental to the decision of the CLB. The written request for rehearing shall specify the precise issue(s) on which the request for rehearing is based. The decision of the CLB which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the county's licensing supervisor or the CLB orders otherwise. If any person with standing claims that fundamental error has occurred and such error is capable of being corrected, a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its final order on rehearing before any request for any type of appellate review can be filed with any court.

(1)

If the contractors' licensing board determines it will grant a rehearing, it shall:

a.

Conduct a hearing where the parties will be given the opportunity of presenting evidence and/or argument which may be limited by the board to the specific issues for which the rehearing was granted.

b.

Affirm, modify or reverse its prior decision, with or without receiving further evidence, providing that the change(s) is/are based on a finding that the prior decision of the board resulted from fundamental error or a ruling on a question of law or of fact which the board has been informed by its counsel was fundamental error or an erroneous ruling and that further board action is required to correct such error(s).

(Ord. No. 90-105, § 5.1; Ord. No. 99-45, § 5.1—5.1.2, 6-8-99)