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(a) Procedure. When any of the acts or omissions enumerated in section 22-101 or in the appropriate provisions of chapter 22 are committed by the licensee or certificate holder, referred to in this section as "party," and the building division or the chief building official deems his or her license or certificate of qualification should be suspended or revoked, the action shall be as follows:

(1) The building division shall notify the party in writing by personal delivery at least four days prior to or by certified mail at least seven days prior to suspension or revocation. The certified mail notice to the party shall be effective upon mailing. The notification shall state, in reasonable detail, the facts and reasons on which the proposed suspension or revocation is based. The notification shall also state the time, and place the interview will be held if the party requests an interview. The date shall be no earlier than ten days following the date of notification to the party. Attached to the notification shall be a copy of this section.

(2) Upon notification the party may request an interview before the chief building official. If the party would like to be accompanied by an attorney, this request shall so state. This request shall be in writing and delivered in person or by mail to the building division within six days after notification by personal delivery and within nine days after notification by mail. Mail delivery to the building division is effective upon receipt in the office of the chief building official.

(3) Suspension or revocation of the license or certificate of qualification shall be deferred until after the interview. Failure of the party to request a hearing in writing and delivered in person or by mail to the building division within six days after notification by personal delivery and within nine days after notification by mail, without good cause, shall result in automatic suspension or revocation without right of further interview before the hearing officer.

(4) If an interview is requested by the party in writing and delivered in person or by mail to the building division within six days after notification by personal delivery and within nine days after notification by mail, the interview shall be held at the time, date and place stated in the notification to the party. The party shall diligently attend the interview. Failure of the party to attend at the date and place set for such interview, without good cause, shall result in automatic suspension or revocation without right of further interview before the hearing officer.

(5) During the interview, the hearing officer shall consider all relevant facts and reasons presented by the party as well as the relevant facts and reasons upon which the notice of suspension or revocation was based. The final decision to suspend or revoke shall be made within a reasonable time after the hearing by the chief building official. If a hearing is conducted by a designee of the chief building official, the final decision shall be based upon the written statement of relevant facts and reasons presented by both the party and by the administrative official whose action was appealed.

(6) The interview shall not be construed to be a formal hearing. No record shall be made. Notwithstanding the provisions of this subsection, a written statement shall be prepared for the information of the chief building official if the interview is conducted by such official's designee. The party shall have no right to have an attorney present, unless permitted by the hearing officer and provided notice of attendance of an attorney is given as required in this section.

(7) The chief building official shall notify the party in writing by personal delivery or by certified mail within a reasonable time after making the decision. Certified mail notification shall be effective upon mailing. The notification shall state, in reasonable detail, the facts and reasons on which the suspension or revocation is based and shall state the facts and reasons presented by the party during the interview. This subsection shall not be construed to ban presentation of additional relevant facts or reasons by the chief building official or by the party during the hearing before the building code and contractor's appeals and standards board.

(b) Immediate suspension or revocation.

(1) Action. If the chief building official finds that an imminent hazard to life, health, property or public welfare exists, he or she may enter an order for immediate suspension or revocation of the license or certificate of qualification pending further investigation. The chief building official shall, with reasonable speed, notify the party in writing by personal delivery or by certified mail. Certified mail notification shall be effective upon mailing. The notification shall state, in reasonable detail, the facts and reasons on which the suspension or revocation is based.

(2) Effect of action. The license or certificate of qualification shall be suspended during the pendency of the interview before the hearing officer and hearing before the building code and contractor's appeals and standards board.

(3) Request for immediate interview. The licensee or certificate holder may, upon notification of the suspension or revocation, request an immediate interview before the chief building official. The interview shall be otherwise conducted in the manner described in this section.

(c) Appeals from administrative action.

(1) Generally. The party whose license or certificate of qualification has been suspended or revoked may appeal the decision to the building code and contractor's appeals and standards board in the manner provided by article II of this chapter.

(2) Effect of appeal. Suspension or revocation of the license or certificate of qualification shall not be stayed pending the hearing before the building code and contractor's appeals and standards board.

(3) Hearing de novo. In an appeal the building code and contractor's appeals and standards board shall conduct a hearing de novo (new hearing). (Ord. No. 2015-44, § 1, 10-12-2015; Ord. No. 2006-78, § 1(Exh. A), 1-8-2007)