Division of Administrative Hearings, Florida
Filed: Nov. 17, 1989
The issue for consideration in this case is whether the Respondents' licenses as a real estate broker and salesman, respectively, in Florida should be disciplined because of the misconduct alleged in the Administrative Complaint filed herein. By Administrative Complaint filed in this case on October 18, 1989 by the Petitioner, Department of Professional Regulation, (Department), it seeks to discipline the Respondents' licenses based on their alleged violation of Section 475.25(1) (b), Florida Statutes, by being guilty of dishonesty in a real estate transaction. On November 8, 1989, Respondent Wilson filed his Answer to the Administrative Complaint and Request for Formal Hearing. Respondent Gruhler did not file any response to the Administrative Complaint, but the matter, as to both Respondents, was, on November 14, 1989, forwarded to the Division of Administrative Hearings for appointment of a Hearing Officer. After Initial Order to each Respondent and response by both parties, on December 7, 1989, the undersigned, by Notice of Hearing, set the case for hearing on January 24, 1990. However, after requests for continuance by both parties were granted, the case was ultimately set for hearing on May 24, 1990 at which time it was held as scheduled. At the hearing, Petitioner presented the testimony of Maurice G. Andersen, purchaser of property through the Respondents; and John Harris, an investigator for the Department. Petitioner also introduced Petitioner's Exhibits 1 through Each Respondent testified in his own behalf and they presented the testimony of Feryn Wilson, Respondent Calvin Wilson's wife, and Robert E. Miller, his minister. Respondents also introduced Respondent's Exhibits A, B and C. No transcript was provided but both parties submitted Proposed Findings of Fact which have been ruled upon in the Appendix to this Recommended Order.Evidence failed to show misconduct sufficient to support disciplinary action.
