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State v. Neitge3/15/2000
s license is controlled by municipal administrative procedure. The City of Sioux Falls has its own licensing requirements, which are found in Sioux Falls Code (SFC), Article VIII, entitled "Residential Building Contractors." Pursuant to SFC § 11-93, the assistant director of building services is empowered with the discretion to suspend, revoke, or refuse to renew a contractor's license. A revocation by the assistant director of building services may be appealed to the building board of appeals and examiners. SFC § 11-94. Notice of a hearing is required. SFC § 11-95. Witnesses may be called at the hearing, and the board must enter findings of fact. SFC § 11-96. Only after these administrative remedies are exhausted, may the board's decision be appealed to the circuit court. SFC § 11-97. Failure to exhaust administrative remedies where required is a jurisdictional defect. SD Bd. of Regents v. Heege, 428 NW2d 535, 539 (SD 1988). No recognized exceptions to the exhaustion requirement are applicable in this case. Id. As a practical matter, the City of Sioux Falls will have ample time to consider revocation of the license without risk to the citizens of Sioux Falls as Neitge is serving five years in the penitentiary.
[ ] Thus, only the board of building services has jurisdiction to revoke a contractor's license. The circuit court in this case had no authority to revoke Neitge's contractor license as part of his sentence for grand theft. It is fundamental that " judgment rendered by a court without jurisdiction to pronounce it is wholly void and without any force or effect whatever." Haase, 446 NW2d at 64 (citing State v. Mee, 67 SD 589, 297 NW 40 (1941)); Nolan v. Nolan, 490 NW2d 517, 520 (SD 1992). Accordingly, that portion of the circuit court's sentence revoking Neitge's contractor license is reversed.
[ ] Reversed and remanded for entry of an amended sentence consistent with this opinion.
[ ] MILLER, Chief Justice, and SABERS, AMUNDSON and KONENKAMP, Justices, concur.
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