TITLE 5
Businesses and Professions

CHAPTER 5-65.3
Underground Utility Contractors

SECTION 5-65.3-13


§ 5-65.3-13 Procedure for revocation of license.

(a) No proceeding to revoke a license, as provided in this section, shall be instituted unless filed with the board within one year immediately following the date or dates of violation.

(b) No license of an underground utility contractor shall be revoked or cancelled until after a full and impartial hearing is completed as provided in this section.

(c) No hearing for the purpose of revoking any license of an underground utility contractor shall be held unless there is first placed on file with the board a verified complaint, in writing, reciting in the complaint, with reasonable particularity, a statement of facts that, if proved, would be sufficient to constitute a violation of one or more of the specifications for revocation of license as prescribed in this chapter.

(d) Upon the filing of a verified complaint as provided in this section, the board shall promptly set a date for a hearing of the charges of the complaint. The board shall promptly, by registered or certified mail, forward to the licensee charged in the complaint a true and correct copy of the complaint and notification of the time and place when and where a hearing of those charges is to be held.

(e) At the time and place fixed in the notification, the board shall proceed to a hearing of the charges specified in the complaint. No hearing upon the charges of the complaint shall be held unless the records of the board contain evidence that the licensee charged in the complaint has been served with a copy of the complaint and notification at least twenty (20) days prior to the date of the hearing; provided, that the appearance of the charged licensee, either on its own behalf or by counsel, constitutes proof that sufficient notice of the hearing was served.

(f) A complaining party, individually or by counsel, may aid in the presentation of evidence toward sustaining the complaint. Ample opportunity shall be accorded for a hearing of all evidence and statement of counsel either in support of or against the charges of the complaint. Upon good cause shown, the date of the hearing on the complaint may be continued provided the licensee and other interested parties are reasonably notified about the date of continuance.

History of Section.
(P.L. 2014, ch. 194, § 1; P.L. 2014, ch. 212, § 1.)