Number
030080
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to the nonrenewal, suspension or revocation of electrical licenses.
Sections
200-17-3-i rc
222-11-5-e cr
200-11-7 am
222-11-9 rc
Analysis
This ordinance authorizes the standards and appeals commission, rather than the commissioner of neighborhood services, to not renew, to suspend (for not more than 60 days) or to revoke electrical licenses. Nonrenewal, suspension or revocation may occur only after the following have occurred:
1. Sworn written charges or a sworn complaint alleging code violation(s) committed by the licensee are filed with the commissioner by any person, including the commissioner.
2. The commissioner determines that the alleged violation(s) warrant nonrenewal, suspension or revocation of the license and notifies the standards and appeals commission of his or her recommendation for nonrenewal, suspension or revocation.
3. The commissioner notifies the licensee of the commission's hearing on the recommendation for license nonrenewal, or arranges for service of a summons upon the licensee suspension or revocation, which will be held within 45 days of the commissioner's notification of the commission. The notice to the licensee shall include a copy of the charges or complaint. The notice shall be served by first-class mail (in the case of a hearing on a possible nonrenewal) or in the form of a summons (in the case of a hearing on a possible suspension or revocation).
4. The commission holds a hearing on the recommendation for nonrenewal, suspension or revocation of the license. At the hearing, both the licensee and the commissioner have the right to present evidence and subpoena and cross-examine witnesses.
5. The commission finds that one or more of 6 enumerated grounds for nonrenewal, suspension or revocation exist. Grounds for nonrenewal, suspension or revocation include violation of any state or local electrical code provision, performing electrical work without a valid permit and obtaining an electrical permit or license on behalf of another person.
6. The commission prepares a written report of its findings and of its decision, which may affirm, modify or reject the nonrenewal, suspension or revocation recommendation of the commissioner.
A decision of the commission for nonrenewal, suspension or revocation of a license may be appealed to the Milwaukee County circuit court by writ of certiorari.
This ordinance also provides that, once the commission has decided in favor of nonrenewal or revocation of an electrical license, no new electrical license shall be issued to the former licensee for a period of 3 years following the expiration date of the license or effective date of the nonrenewal, as the case may be.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-17-3-i of the code is repealed and recreated to read:
200-17. Standards and Appeals Commission.
3. POWERS AND DUTIES.
i. Pursuant to s. 222-11-9, the commission shall have the power to conduct a hearing and render a decision regarding the nonrenewal, suspension for a period of not more than 60 days, or revocation of an electrical license issued under ch. 222.
Part 2. Section 222-11-5-e of the code is created to read:
222-11. Electrical Licenses.
5. LICENSING PROCEDURE.
e. Address to Be Provided. At the time of application for a new or renewal electrical license, the applicant shall provide the commissioner with the current street addresses of the applicant's business and the applicant's place of residence. Provision of a post office box number shall not be considered adequate to satisfy this requirement. If either of these addresses changes during the course of the license year, the licensee shall provide written notice of the change to the commissioner within 10 working days of the date on which the change is effective.
Part 3. Section 222-11-7 of the code is amended to read:
7. RENEWALS. No renewal of any license shall be granted until the applicant has fully complied with this chapter. All licenses and renewals shall expire on August 31. No prorated licenses or license fees shall be permitted. Whenever a license is allowed to lapse [[or is revoked]] >>due to the licensee's failure to renew the license prior to the expiration date<<, a new license will be issued only upon submission of an application for a new license, satisfactory compliance with the requirements for a new license and payment of the fee for an original license.
Part 4. Section 222-11-9 of the code is repealed and recreated to read:
9. PROCEDURES FOR NONRENEWAL, SUSPENSION OR REVOCATION. a. Charges or Complaint. Whenever any person, including the commissioner, files either sworn written charges or a sworn written complaint with the commissioner alleging that one or more of the conditions for nonrenewal, suspension or revocation of a license specified in par. e have occurred, and the commissioner determines that the existence or occurrence of this condition, if proven, would warrant nonrenewal, suspension or revocation of the license, the commissioner shall notify the standards and appeals commission of the charges or complaint. The notice shall include the commissioner's recommendation for nonrenewal, suspension or revocation of the license. Within 45 days of receipt of the notice from the commissioner, the commission shall hold a hearing to determine if there is cause for nonrenewal, suspension or revocation of the license. Written charges relating to renewal of a license shall be filed no later than 60 days prior to the expiration of the license.
b. Notice of Nonrenewal of License. In the case of a hearing regarding possible nonrenewal of a license, the commissioner shall send written notice of the date, time and place of the hearing to the licensee by United States first class mail. The notice shall be sent to the last known address of the licensee as identified by the records of the commissioner. A copy of the charges or complaint shall be included with the notice. The notice shall state that the licensee has the right to appear at the hearing to present witnesses and evidence on his or her own behalf refuting the charges or complaint. The notice shall also state that the licensee has the right to appear with counsel at the hearing and that both the licensee and the licensee's counsel have the right to cross-examine witnesses.
c. Suspension or Revocation; Complaint; Summons. c-1. Whenever either sworn written charges or a sworn written complaint are filed with the commissioner alleging that one or more of the conditions for suspension or revocation of a license specified in par. e have occurred, the commissioner shall issue a summons demanding that the licensee appear before the standards and appeals commission, at the hearing scheduled pursuant to par. a, to show cause why the license should not be revoked or suspended.
c-2. A sheriff of the county of residence of the licensee shall serve the summons upon a licensee or agent of a corporate licensee and shall also serve a copy of the complaint with a copy of this subsection upon the licensee.
d. Commission Hearing. d-1. The commission shall convene at the date and time specified in the hearing notice or summons for the purpose of taking evidence and making findings of fact, conclusions of law and a decision to affirm, reject or modify the commissioner's recommendation for nonrenewal, suspension or revocation of the license.
d-2. If the licensee appears before the commission at the time designated in the notice or summons and denies the charges contained in the complaint, an evidentiary hearing in connection with the nonrenewal, revocation or suspension shall be conducted by the commission at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the commission shall hear the arguments of the commissioner and the licensee in connection with the nonrenewal, suspension or revocation.
d-3. At any evidentiary hearing required by this subsection, the commissioner shall first present evidence in support of the complaint. After the commissioner rests, the licensee shall present evidence in opposition to the complaint. Each may subpoena witnesses. All witnesses shall testify under oath and shall be subject to cross-examination under oath. At the close of the testimony, each shall be given a reasonable time to make arguments upon the evidence adduced at the hearing.
d-4. The chair of the commission shall be the presiding officer. The chair shall direct that oaths be administered and subpoenas issued upon request of either side. The chair shall ensure that an orderly hearing is conducted in accordance with the requirements of this subsection. The chair shall rule on objections to the admissibility of evidence. Any ruling of the chair shall be final unless appealed to the commission, and the commission shall reverse such ruling only upon the vote of a majority of its members.
d-5. At all stages of the proceedings before the commission, the licensee shall be entitled to appear both in person and by an attorney. The commissioner shall also be entitled to appear both in person and by the city attorney.
d-6. A stenographic record shall be made of all proceedings before the commission when written exceptions have been filed. Any interested party may at any stage of the proceedings order a copy of the transcript of the record or portions thereof at his or her own expense.
e. Grounds for Nonrenewal, Suspension or Revocation. The commission may deny renewal of, suspend for not more than 60 days, or revoke an electrical license only if it finds that any of the following have occurred:
e-1. The licensee has violated any provision of this chapter or of ch. Comm 16 or ch. Comm 18, Wis. Adm. Code.
e-2. The licensee has demonstrated incompetence in the performance of any electrical work regulated by this chapter.
e-3. Within the past 5 years, the licensee has been convicted of any felony offense the circumstances of which substantially relate to the circumstances of the licensed activity.
e-4. The licensee has performed electrical work for which a permit is required without a valid permit issued by the department.
e-5. The licensee has performed electrical work without having a currently valid license for that type of work.
e-6. The licensee has obtained a permit or license on behalf of another person to allow that person to perform electrical work.
f. Commission Report and Decision. Within 10 working days after it reaches a decision, the commission shall prepare a written report and decision on the proposed license nonrenewal, suspension or revocation and transmit copies thereof to the city attorney, the commissioner and the licensee. The report and decision shall include specific findings of fact and conclusions of law made by the commission.
g. Effective Date of Suspension or Revocation. Any suspension or revocation shall be effective upon service of a copy of the commission's report and decision to the licensee.
h. Limitation on Issuance of New License. In the case of a license nonrenewal or revocation, no new electrical license shall be issued to the former licensee for a period of 3 years following the expiration date of the prior license or the effective date of the revocation, as the case may be.
i. Appeal of Commission's Decision. A decision of the commission for nonrenewal, suspension or revocation of an electrical license may be appealed to the circuit court of Milwaukee county by writ of certiorari. If the court finds that the commission erred in its decision because it failed to afford due process to the licensee or because its decision was not reasonable based on the evidence provided, it may remand the matter to the commission for reconsideration. The court shall not have the authority to reinstate a license that the commission has not renewed or has suspended or revoked.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
City Attorney
Drafter
LRB02572-1
JDO
4/7/03