§ 18-122 — Action of Commission

§ 18-122. - Action of Commission.

The Commission, when appealed to and after a public hearing, has the following powers: (1) Modification; reversal. The Commission may modify or reverse any decision or order of the Chief Electrical Inspector or assistants in the interpretation or enforcement of this Code in any particular case, when and only when, in its opinion strict application and enforcement would result in peculiar and exceptional practical difficulties to, or exceptional undue hardships upon, or manifest injustice to, an appellant, and would be contrary to the spirit and purpose of this Code, or the public interest, or when it is determined that the true intent has been incorrectly interpreted. Mere economic hardship or a hardship, which is self-created, shall not be considered a valid or sufficient basis for granting a reversal or modification of the decision or order. (2) Suspension or revocation of registration; hearing. The Commission is empowered to suspend or revoke a registration. A license and registration holder against whom a complaint has been filed or whose registration has been suspended or revoked by the Chief Electrical Inspector shall be given not less than ten days notice of the date, time and place of the hearing and shall have the right to be present and represented by counsel. The Commission shall have available the services of the Municipal Counselor or designated representative at the hearing and shall have the authority to swear witnesses, administer oaths and conduct a hearing as deemed proper. (3) Grounds for suspension and revocation of registration. The following grounds shall be sufficient reason to justify suspension or revocation of a registration by the Commission. a. Making a material misstatement in the application for such registration or renewal; b. Loaning or illegally using a license or registration; c. Demonstrating incompetence to act as an electrical journeyman or electrical contractor as the case may be; d. Failing to properly correct materials or workmanship, which is found to be defective or inadequate due to acts of the licensee; e. Willfully violating a second time any provision of the Electrical Code; f. Willfully or unreasonably failing to perform normal business obligations for which he/she is licensed and registered without justifiable cause; g. Having three or more complaints within a 12-month period, provided any alleged violations overruled by the Commission shall not be counted. h. The grounds listed above shall not be considered to be an exclusive or exhaustive list and other grounds may be considered sufficient for suspension or revocation. (4) Reinstatement of registration. No registration, which has been revoked under the provisions of this division, shall be reinstated for a period of six months after such revocation. The Commission may reinstate the registration, which has been revoked only after a hearing. The rules and conditions of this hearing shall be the same as those for the hearing on the revocation of the registration. (5) Rulings to be accompanied by findings of fact; decision to be filed. Every ruling upon any appeal to the Commission shall be accompanied by a written finding of fact based upon the evidence and testimony received at the hearing by the Commission. The ruling shall specify the reason for granting, denying, or modifying the appeal and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the Chief Electrical Inspector and shall be open to public inspection.

(Ord. No. 24281, § 2, 6-14-11; Ord. No. 26139, § 6, 5-7-19)