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DIVISION OF REAL ESTATE vs. MARION BOHDAL, 75-001565 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-001565 Visitors: 17
Judges: THOMAS C. OLDHAM
Agency: Department of Business and Professional Regulation
Latest Update: Sep. 07, 1976
Summary: Whether or not Respondent's registration as a real estate salesman should be revoked for violation of Section 475.25(2), F.S. The Hearing Officer explained to the Respondent the nature of the hearing and his rights under the Administrative Procedure Act, including the right to be represented by counsel at his own expense if he so desired. It was also explained to the Respondent that he could testify in his own behalf, that he is not required to do so, and that if he did so testify, he could be c
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75-1565.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


FLORIDA REAL ESTATE COMMISSION, ) JACK KING, REPRESENTATIVE, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1565

)

MARION BOHDAL, )

)

Respondent. )

)


RECOMMENDED ORDER


THIS CAUSE came on to be heard after due notice to the parties at Miami, Florida, at 10:30 A.M., on October 31, 1975, before the undersigned Hearing Officer.


APPEARANCES


For Petitioner: Joseph A. Doherty, Esquire

2699 Lee Road

Winter Park, Florida


For Respondent: Mr. Marion Bohdal

Appeared on his own behalf.


ISSUES PRESENTED


Whether or not Respondent's registration as a real estate salesman should be revoked for violation of Section 475.25(2), F.S.


The Hearing Officer explained to the Respondent the nature of the hearing and his rights under the Administrative Procedure Act, including the right to be represented by counsel at his own expense if he so desired. It was also explained to the Respondent that he could testify in his own behalf, that he is not required to do so, and that if he did so testify, he could be cross-examined by counsel for Petitioner. Respondent acknowledged understanding of these rights and elected not to testify in his own behalf.


FINDINGS OF FACT


1. Counsel for Petitioner introduced into evidence Respondent's application for registration as a real estate salesman (Petitioner's Exhibit 1) and rested his case. No evidence was introduced in support of the allegation against the Respondent.

RECOMMENDED ORDER


It is recommended that the Florida Real Estate Commission dismiss the allegation against the Respondent for failure of proof.


DONE and ENTERED this 24th day of November, 1975, in Tallahassee, Florida.


THOMAS C. OLDHAM

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

(904) 488-9675


COPIES FURNISHED:


Joseph A. Doherty, Esquire 2699 Lee Road

Winter Park, Florida


Mr. Marion Bohdal

c/o The Keyes Company

100 North Biscayne Boulevard Miami, Florida 33132


Docket for Case No: 75-001565
Issue Date Proceedings
Sep. 07, 1976 Final Order filed.
Nov. 24, 1975 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 75-001565
Issue Date Document Summary
Jan. 21, 1976 Agency Final Order
Nov. 24, 1975 Recommended Order Dismiss complaint. There was no evidence presented at hearing to establish violation.
Source:  Florida - Division of Administrative Hearings

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