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Norman Malinski
Norman Malinski
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Bar #182344(FL)    
Aventura FL

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09-003947PL  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs MICHAEL ANTHONY FACENDO  (2009)
Division of Administrative Hearings, Florida Filed: Jul. 23, 2009
Whether the Respondent committed the violations stated in the Administrative Complaint dated March 13, 2009, and, if so, the penalty that should be imposed.Petitioner failed to prove Respondent appraiser committed breach of trust or culpable negligence in preparing appraisal report; although proof sufficient to establish violation of USPAP recordkeeping rule, USPAP 2006 could not be used to prove violation.
09-003946PL  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs MICHAEL ANTHONY FACENDO  (2009)
Division of Administrative Hearings, Florida Filed: Jul. 23, 2009
Whether the Respondent committed the violations stated in the Amended Administrative Complaint filed September 30, 2009, and, if so, the penalty that should be imposed.Petitioner failed to prove breach of trust, culpable negligence or misrepresentation in preparation of appraisal report and also failed to prove violation of USPAP 1991; the evidence related only to USPAP 2006. All charges should be dismissed.
04-002064EC  IN RE: BERND SCHULTE vs *  (2004)
Division of Administrative Hearings, Florida Filed: Jun. 10, 2004
Whether Respondent violated Section 112.313(7)(a), Florida Statutes, "by having a contractual relationship with an individual engaged in a lawsuit involving the Town" and, if so, what is the appropriate penalty.The evidence was insufficient to establish that Respondent violated Section 112.313(7)(a), Florida Statutes, by entering into an agreement with an individual involved in a lawsuit with the Town.
82-003342  A ASSOCIATED HOME HEALTH AGENCY, INC. vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1982)
Division of Administrative Hearings, Florida Latest Update: Dec. 19, 1983
The ultimate issue to be resolved in this proceeding is whether a license should be issued to the Intervenor to operate a home health agency in Palm Beach County, Florida. Intervenor contends that it is not required to obtain a Certificate of Need to operate in Palm Beach County because it is excluded from Certificate of Need requirements by a "grandfathering" provision. Petitioner contends that the Intervenor is not exempt from the requirement of obtaining a Certificate of Need and that a license should not have been issued allowing Petitioner to operate in Palm Beach County. Intervenor contends that Petitioner has no standing to attack Intervenor's license and that the Petition for Hearing was not filed in a timely manner.License should not issue to Intervenor Home Health Agency in same county where Petitioner had exclusive operation under non-competition covenant.
78-001142  BOARD OF NURSING vs. BEVERLY CERALDI PONTE  (1978)
Division of Administrative Hearings, Florida Latest Update: Mar. 21, 1979
Whether the license of Respondent should be suspended, revoked, or whether the Respondent should be otherwise disciplined.Respondent used drugs on the job, took drugs/paraphernalia from workplace and failed to discharge duties with care. Recommend suspension of license.

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