Division of Administrative Hearings, Florida
Latest Update: Jul. 19, 1982
Whether Respondent's eligibility for licensure as a Runner should be revoked, or suspended for alleged violations of Chapter 648, Florida Statutes, as set forth in the Administrative Complaint, dated July 7, 1981. This case was filed with the Division of Administrative Hearings on July l, 1981. In view of the fact that the Administrative Complaint dealt with a charge involving the same incident recited in a subsequently filed case by the same Petitioner against James Leroy Sponheim, DOAH Case No. 81-1950, the cases were consolidated for the purposes of hearing pursuant to Rule 28-5.106, Florida Administrative Code, by Order issued August 17, 1981, and Notice of Hearing was issued for October 8, 1981. The hearing was continued upon the request of Respondents to await the outcome of a pending judicial appeal of a criminal conviction of Respondent James L. Sponheim, in the County Court of Pasco County. Subsequently, Respondent Bonnie Louise Sponheim filed a motion to sever her case and proceed to hearing as soon as possible. The motion was granted, and her case was noticed for hearing on February 17, 1982. At the commencement of that hearing, Respondent filed a motion for continuance, based on substitution of counsel. The motion was granted, subject to reconsolidation of the two cases in order to prevent multiple hearings. Final hearing was then set in the consolidated cases for April 16, 1982. Respondent is alleged to have violated various provisions of Chapter 648, Florida Statutes by arresting or taking into custody, and surrendering one Stephen Sissitka to Pasco County law enforcement authorities, while in an unlicensed status. The parties agreed that the statutory period for rendition of a Recommended Order in the consolidated cases would be waived for a reasonable time in the discretion of the Hearing Officer. Post-hearing submissions by the parties have been fully considered and those portions thereof not adopted herein are deemed to be unnecessary, irrelevant, or unwarranted in fact or law.Respondent, Runner, has not engaged in fraudulent or dishonest actions as accused though she did not hold a license. Hearing Officer recommends dismissal.