§ 5-191. Disciplinary action.

(a)

Written complaint. On the verified written complaint of any person, the board of county commissioners may investigate the action of any contractor certified or registered under this article. The board of county commissioners may take appropriate disciplinary action if the contractor is found to be guilty of or has committed any one (1) or more of the acts or omissions constituting cause for disciplinary action set out herein or adopted as rules or regulations by the board of county commissioners.

(b)

Grounds. The following acts constitute cause for disciplinary action:

(1)

Willful or deliberate disregard and violation of the applicable building codes or laws of the state or county.

(2)

Aiding or abetting any uncertified or unregistered person to evade any provision of this article.

(3)

Knowingly combining or conspiring with an uncertified or unregistered person by allowing one's certificate or registration to be used by any uncertified or unregistered person with intent to evade the provisions of this article. When a certificate holder or registrant allows his certificate or registration to be used by one (1) or more companies without having any active participation in the operations, management or control of said companies, such action constitutes prima facie evidence of an intent to evade the provisions of this article.

(4)

Acting in the capacity of a contractor under any certificate or registration issued under this division except in the name of the certificate holder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificate holder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this article.

(5)

Diversion of funds or property received for prosecution or completion of a specified construction project or operation when, as a result of the diversion, the contractor is or will be unable to fulfill the terms of his obligation or contract.

(6)

Disciplinary action by any state, municipality, city or county, which action shall be reviewed by the board of county commissioners before the board of county commissioners takes any disciplinary action of its own.

(7)

Failure in any material respect to comply with the provisions of this article.

(8)

Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after ninety (90) days if the contractor terminates such project without notification to the prospective owner and without just cause.

(9)

The making of any material false statement in the application for certification, registration or renewal.

(c)

Types of disciplinary action. The board of county commissioners is authorized to take the following disciplinary action:

(1)

Suspend the certificate holder or registrant from all operations as a contractor during the period fixed by the board of county commissioners, but it may permit the certificate holder or registrant to complete any contracts then uncompleted.

(2)

Revoke a certificate or registration.

(3)

Impose an administrative fine or penalty not to exceed five hundred dollars ($500.00) which shall be recoverable by the board of county commissioners only in an action at law.

(d)

Removal of suspension. After suspension of the certificate or registration on any grounds set forth in this section, the board of county commissioners may remove the suspension on proof of compliance by the contractor with all conditions prescribed by the board of county commissioners for removal of suspension; or, in the absence of such conditions, as in the sound discretion of the board of county commissioners.

(e)

Revocation. After revocation of a certificate or registration, the certificate or registration shall not be renewed or reissued for at least one (1) year after revocation and then only on a showing of rehabilitation of the contractor.

(f)

Lapse or suspension no bar to prosecution. The lapse or suspension of a certificate or registration by operation of law or by order of the board of county commissioners or a court, or its voluntary surrender by a certificate holder or registrant does not deprive the board of county commissioners of jurisdiction to investigate or act in disciplinary proceedings against the certificate holder or registrant.

(g)

Bankruptcy. The filing of a petition in bankruptcy, either voluntarily or involuntarily, or the making of a composition of creditors or the appointment of a receiver for the business of the registrant or certificate holder may be considered by the board of county commissioners as just cause for suspension of a certificate or registration.

(h)

Restraint. The board of county commissioners may restrain any violation of this part by action in a court of competent jurisdiction.

(i)

Referral to appeals board. The board of county commissioners may refer any complaint to the Osceola County Board of Codes and Appeals for investigation and recommendations.

(Ord. No. 80-1, § 1)