STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-026

)

WILLIAM R. MACKINNON, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-styled case, after due notice to the parties, on March 17, 1976, at Tallahassee, Florida before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: David Linn, Esquire

217 South Adams Street Tallahassee, Florida 32301

For Respondent: None

ISSUE PRESENTED

Whether Respondent's License as a residential pool contractor should be suspended for alleged violation of Section 468.112(7), Florida Statutes.

The Respondent did not appear at the hearing although proper notice thereof had been furnished under date of February 11, 1976 to him by the hearing officer. Accordingly, the hearing was conducted as an uncontested proceeding.

FINDINGS OF FACT

1. Respondent has been licensed as a registered pool contractor by the Florida Construction Industry Licensing Board since June 20, 1974. The license was not renewed for 1975/76 (Exhibit 4).

   
   

2. Respondent filed a Voluntary Petition in Bankruptcy in the U.S. District Court for the Northern District of Florida, Bankruptcy No. TBK 75-25, on March 13, 1975 (Exhibit 5).

   
   

   CONCLUSIONS OF LAW

   
   

3. Petitioner seeks to suspend Respondent's License as a registered pool contractor pursuant to Section 468.112(7), Florida Statutes, which provides in pertinent part as follows:

   "468.112 Revocation or suspension of certificate of registration. -

   (7) The filing of a petition in bankruptcy, either voluntarily or involuntarily,. . .may be considered by the board as just cause for suspension of a certificate or registration.

   
   

4. Adequate proof having been submitted that Respondent filed a voluntary Petition in Bankruptcy in the United States District Court, suspension of his registration is authorized.

   
   

5. Inasmuch as the ground for suspension does not involve misconduct or constitute a disciplinary action, the suspension should be removed when Respondent furnishes proof of his qualifications to engage in contracting and complies with applicable registration renewal requirements.

RECOMMENDATION

That the registration of William R. MacKinnon as a residential pool contractor be suspended until such time as he meets the qualifications and other requirements for renewal of registration and applies therefor.

DONE and ENTERED this 5th day of April, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 1976.

COPIES FURNISHED:

David Linn, Esquire

217 South Adams Street Tallahassee, Florida 32301

Mr. William R. Mackinnon Route 3, Box 584C Tallahassee, Florida 32303

Docket for Case No: 76-000026

Orders for Case No: 76-000026