STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

Department of Agriculture and ) Consumer Services, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1340

)

1. L. Miller, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   This matter was called up for hearing at 3:00 P.M., September 17, 1975, at the City Auditorium, City Hall, 200 E. University Avenue, Gainesville, Florida, on the Petition of the Department of Agriculture charging the Respondent with vending substandard gasoline at the Texaco Service Station at the corner of Interstate 75 and State Road 26 in Gainesville, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Robert A. Chastain, Esquire

   General Counsel

   Florida Department of Agriculture & Consumer Services

   Mayo Building

   Tallahassee, Florida 32304

   
   

   For Respondent: Mr. H. L. Miller, on his own behalf

   c/o H. L. Miller Texaco 6921 Northwest 8th Avenue Gainesville, Florida 32601

   
   

   At the commencement of this proceeding it was announced by both parties that a Stipulation had been reached resolving this matter. Mr. Chastain, on behalf of the Department of Agriculture, read the Stipulation into the record as follows:

   
   

   STIPULATION

   
   

   1. Mr. Miller admits that he was selling regular gasoline as premium gasoline from July 11, 1975, through July 14, 1975.

      
      

   2. Mr. Miller and the Department agree that he vended approximately 822 gallons of regular gasoline as premium gasoline to purchasers on the above-mentioned dates.

   3. Mr. Miller and the department have agreed that in lieu of forfeiture of his cash

bond of $1,920.00 which was posted as the value of the stop-saled gasoline re- maining in the tanks, Mr. Miller will pay as a penalty $485.00 which is the retail value of the gasoline actually vended.

After reading the above stipulation, Mr. Miller, on his on behalf stated the above was a fair and accurate statement of their understanding in this case.

In view of the statements made by both parties, it is recommended that the Respondent, H. L. Miller, pay unto the Department of Agriculture the sum of

$485.00 at which time the Department shall return the bond posted by the Respondent in the amount of $1,920.00.

DONE and ORDERED this 19th day of September, 1975, in Tallahassee, Florida.

KENNETH G. OERTEL

Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Robert A. Chastain, Esquire General Counsel

Florida Department of Agriculture & Consumer Services

Mayo Building

Tallahassee, Florida 32304 Attorney for Petitioner

Mr. H.L. Miller, on his

own behalf for the Respondent c/o E.L. Miller Texaco

6921 N.W. 8th Avenue Gainesville, Florida 32601

Docket for Case No: 75-001340

Orders for Case No: 75-001340