Leon FL and Administrative law Lawyers | Mike Joseph Gordon -- eLawyers

18-006578 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs RICKY LEE DIEMER (2018)

Division of Administrative Hearings, Florida Filed: Dec. 17, 2018

The issue is whether Respondent (“Ricky Lee Diemer”) offered to engage in unlicensed contracting as alleged in the Administrative Complaint, and, if so, what penalty should be imposed.The Department proved by clear and convincing evidence that the Respondent engaged in unlicensed construction and electrical contracting.

18-006579 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs RICKY LEE DIEMER (2018)

Division of Administrative Hearings, Florida Filed: Dec. 17, 2018

The issue is whether Respondent (“Ricky Lee Diemer”) offered to engage in unlicensed contracting as alleged in the Administrative Complaint, and, if so, what penalty should be imposed.The Department proved by clear and convincing evidence that the Respondent engaged in unlicensed construction and electrical contracting.

17-001229 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BEST BUILD, LLC (2017)

Division of Administrative Hearings, Florida Filed: Feb. 22, 2017

The issues are whether Respondent, Best Build, LLC (“Best Build”), failed to secure workers’ compensation coverage for its employees; and, if so, whether the Department of Financial Services, Division of Workers’ Compensation (“Department”), correctly calculated the penalty assessment imposed against Respondent.Petitioner proved that Respondent failed to secure workers' compensation coverage for a portion of the time covered by the imputed income of its employees. The assessment sought should be partially approved.

17-003500 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs CRAFTMASTER PLASTERING AND STUCCO, INC. (2017)

Division of Administrative Hearings, Florida Filed: Jun. 19, 2017

Whether Respondent, Craftmaster Plastering and Stucco, Inc., failed to comply with the coverage requirements of the Workers’ Compensation Law, chapter 440, Florida Statutes; and, if so, what penalty should be assessed pursuant to section 440.107, Florida Statutes (2016).Petitioner proved that Respondent failed to secure workers' compensation insurance for non-compliance period during which the corporate officers' exemptions had lapsed; Petitoner failed to prove its remaining allegations by clear & convincing evidence.

17-006979 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs VINYL SIDING CONTRACTOR SERVICE, LLC (2017)

Division of Administrative Hearings, Florida Filed: Dec. 28, 2017

At issue in this proceeding is whether the Respondent, Vinyl Siding Contractor Service, LLC ("Vinyl Siding"), failed to abide by the coverage requirements of the Workers' Compensation Law, chapter 440, Florida Statutes, by not obtaining workers' compensation insurance for its employees; and, if so, whether the Petitioner properly assessed a penalty against the Respondent pursuant to section 440.107, Florida Statutes.The Department established by clear and convincing evidence that Respondent, a company engaged in the construction industry, failed to obtain workers' compensation coverage for its employee during the penalty period.

17-002480 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs MICHAEL CLAY BISHOP, D/B/A J AND M ENTERPRISES (2017)

Division of Administrative Hearings, Florida Filed: Apr. 25, 2017

Whether Michael Clay Bishop, d/b/a J and M Enterprises (“Respondent”), failed to secure the payment of workers’ compensation insurance coverage for its employees; and, if so, whether the Department of Financial Services, Division of Workers’ Compensation (“Petitioner” or “Department”), correctly calculated the penalty to be assessed against Respondent.Petitioner proved by clear and convincing evidence that Respondent failed to secure workers' compensation insurance for its employee and that Petitioner correctly calculated the penalty to be imposed.

16-003216 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs G AND F RENOVATIONS, INC. (2016)

Division of Administrative Hearings, Florida Filed: Jun. 10, 2016

Whether Respondent, G and F Renovations, Inc. (Respondent), timely challenged Petitioner's proposed agency action; and, if not, whether pursuant to the doctrine of equitable tolling Respondent is entitled to an administrative hearing to challenge the proposed agency action.Respondent did not timely submit a request for an administrative review of the Stop-Work Order. Respondent's claim of equitable tolling is unmerited.

16-006877 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs A-Z ROOFING, INC. (2016)

Division of Administrative Hearings, Florida Filed: Nov. 18, 2016

Whether A-Z Roofing, Inc. (“Respondent”), failed to secure the payment of workers’ compensation insurance coverage for its employees; and, if so, whether the Department of Financial Services, Division of Workers’ Compensation (“Petitioner” or “Department”), correctly calculated the penalty to be assessed against Respondent.The Department proved by clear and convincing evidence that Respondent failed to secure workers' compensation coverage for some of its employees during the audit period.

16-001143 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs STEVE MUNDINE CONSTRUCTION, INC. (2016)

Division of Administrative Hearings, Florida Filed: Mar. 01, 2016

Whether the Respondent, Steve Mundine Construction, Inc., timely challenged the Second Amended Order of Penalty Assessment and, if not, whether pursuant to the doctrine of equitable tolling Respondent’s untimely filed challenge should be accepted.Respondent failed to timely request a hearing and thereby waived his right to challenge the proposed agency action. The agency did not lull the Respondent into inaction or mislead him in any manner that would constitute estoppel.

20-002642PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs JORGE LUIS DELGADO SANDOVAL (2020)

Division of Administrative Hearings, Florida Filed: Jun. 09, 2020

Mike Joseph Gordon