Chapter 20.28 STATIONARY AND REFRIGERATION ENGINEERS
Section 20.28.210 Licensing appeals board created.
1. There is created a licensing appeals board. The board shall
consist of six members, as
follows:
a. Chairperson of the building code
board of appeals as established in Chapter 20.04;
b. Chairperson of the mechanical board
as established in Chapter 20.14, 20.20 and 20.28;
c. Chairperson of the electrical board
as established in Chapter 20.08; and
d. Three citizen-at-large members who
have no financial interests in the construction
industry.
The resident members shall be appointed by the city council.
The first resident appointed shall
be chairperson of the board and shall serve for three years. The second resident appointed shall
serve for two years. Thereafter, all appointments shall be for three years and the most senior
resident appointee shall be the chair.
2. The licensing appeals board shall meet upon the call of the
chairperson to consider appeals
of applicants for stationary and refrigeration engineers licenses from decisions of the mechanical
board regarding the testing or the issuance of a license.
3. Any person who is an applicant for a stationary or refrigeration
engineers license and who is
aggrieved by a decision of the mechanical board, may appeal to the licensing appeals board.
4. Appeals shall be filed by the aggrieved party within ten
days after the decision of the
mechanical board. Written notice of appeal must be filed with the manager and shall set forth a
statement of the grounds for such appeal and a request for a hearing before the license appeals
board. The manager shall immediately forward such petition to the chairperson of the license
appeals board.
5. Within ten days of receipt of such petition, the board's
chairperson shall set a time and place
for hearing on said appeal, and shall give the applicant, the manager, the mechanical board and
all other interested parties notice thereof. At such hearing, the petitioner, the manager, the
mechanical board, and all interested parties shall be given an opportunity to be heard, and to
show cause why such decision should be sustained, modified, or withdrawn. The hearing before
the board shall be commenced not later than thirty days after the date on which the petition was
filed; provided, that upon written application of the petitioner, the board may postpone the date
of hearing for a reasonable time beyond such thirty-day period if, in their judgment, the
petitioner has submitted a good and sufficient reason for such
postponement. The chairperson of the board shall have the power to administer oaths and
affirmations in connection with the conducting of any hearing held in accordance with the
provisions of this section.
6. After such hearing, the board shall sustain, modify or withdraw
the decision of the
mechanical board. If the board sustains or modifies or withdraws a decision of the mechanical
board, it shall be deemed to be an order, and the applicant and the mechanical board, as the case
may require, shall comply with all provisions of such order.
7. The determination and disposition of an appeal made by the
board shall be summarized,
reduced to writing, and entered as a matter of public record in the office of the manager. The
secretary of the board shall notify all appealing parties of the board's determination and
disposition of appeal by written notice.
8. Any person aggrieved by an action of the board may appeal
the decision to any court of
competent jurisdiction, as provided by state and federal law. (Ord. 2000-9646)