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Donald Walter Bradshaw
Donald Walter Bradshaw
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Bar #467405(FL)    
Ocala FL

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81-001704  DEPARTMENT OF INSURANCE AND TREASURER vs. E. R. JAHNA INDUSTRIES, INC.  (1981)
Division of Administrative Hearings, Florida Latest Update: Oct. 30, 1990
Whether Respondent's explosives license should be revoked, or the licensee otherwise disciplined, for alleged violations of Chapter 4A, Florida Administrative Code, as set forth in Administrative Complaint, dated June 9.1981, as amended. This proceeding arises under an Administrative Complaint filed by the State Fire Marshal, Department of Insurance, against Respondent, F. R. Jahna Industries, Inc., alleging that on or about February 26, 1981, Respondent violated Rules 4A-2.19(6) and (8), Florida Administrative Code, by detonating explosives in such a manner that rocks, dust and blast debris encroached on Highway 491 and residences in Beverly Hills, Florida. Violation of the aforesaid rules is predicated upon the allegation that the blast was done in a congested area, in close proximity to structures and highways, without using a mat to prevent fragments from being thrown, and by failing to block off adjacent roads. The State Fire Marshal seeks to revoke Respondent's explosives license issued under Chapter 552, Florida Statutes, or to impose any appropriate lesser penalties. Respondent filed a petition requesting a Section 120.57 (1), F.S., hearing and the petition was referred to this Division for the appointment of a Hearing Officer. At the hearing, Petitioner presented the testimony of seventeen witnesses, including deposition testimony of two witnesses. Respondent called seven witnesses and submitted ten exhibits in evidence. Proposed recommended orders filed by the parties have been fully considered, and those portions thereof which have not been adopted herein are considered either to be unnecessary, irrelevant or unsupported in fact or law.Respondent used simple negligence in blasting operation at mine causing minor damage to nearby cars/houses. Recommend administrative fine.

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