§ 8-21.7. Procedures for imposition of discipline: review of adverse decision.

(a)

The Secretary of the Board of Rules and Appeals or his designee, for good cause, may, upon his own motion, or upon the complaint in writing of any person, investigate or cause to be investigated the complaints against any Inspector, Plans Examiner or Building Official and submit a written or oral report to the Board; however, no such investigation or report shall be required.

(b)

The Board of Rules and Appeals shall decide whether the report or complaint establishes that probable cause exist to support a finding that a violation of this Chapter or the rules promulgated hereunder has been committed and if so, shall take one or more of the following actions:

(1)

Instruct the Secretary of the Board of Rules and Appeals or his/her designee to send a letter of guidance by certified mail to the Inspector, Plans Examiner or Building Official at their last known address.

(2)

Instruct the Secretary or his designee to send by certified mail a letter to the Inspector, Plans Examiner or Building Official at his/her last known address, as shown by Board's records, setting out the name of the complainant, the alleged offenses and the approximate date of the commission, and the section of this Chapter alleged to be violated, and notifying said person to appear before the Board of Rules and Appeals at a time and place fixed, not sooner than twenty (20) days from the mailing of the certified letter, to show cause why his/her certification should not be suspended or revoked, a letter of reprimand issued, or why his/her certificate should not be renewed, advising that he/she may be represented by an attorney, and that he/she should bring all original documents and other data that may be pertinent to the case and that he/she will be given an opportunity to present such witnesses and evidence as he/she deem appropriate.

(3)

Refer the matter to the legal authority having jurisdiction for appropriate action.

(c)

In order to make a determination of guilt, the Board of Rules and Appeals must find that the weight of substantial competent evidence indicates that the person charged has violated this Chapter as charged. Before imposing a penalty, the Board of Rules and Appeals may consider mitigating circumstances presented through testimony and evidence.

(d)

The Board of Rules and Appeals shall make a finding of guilty or not guilty as to each charge, and shall impose one or more of the following penalties on each charge for which a finding of guilty is made;

(1)

Suspension of the certificate, stating the duration.

(2)

Revocation of the certificate, naming the effective date. After revocation, the certificate may only be renewed or reissued after a period of at least one year and upon a showing of rehabilitation of the former certificate holder.

(3)

Official letter of reprimand to become a part of the Inspector's or Plans Examiner's or Building Official's permanent file.

(4)

Imposition of any administrative fee for all costs incurred by the Board in investigating and resolving the complaint which gave rise to the disciplinary proceeding.

(e)

Notice of guilty decisions shall be mailed to all municipalities within Miami-Dade County and to the certificate holder at his/her last known address.

(Ord. No. 04-191, § 1, 10-19-04)