STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FREC ex rel. HAROLD T. MOONEY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1121

) PROGRESS DOCKET NO. 2870

DANIEL O. SCHAIEWITZ, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled cause on September 14, 1976 at Winter Park, Florida.

APPEARANCES

For Petitioner: Manuel E. Oliver, Esquire

Staff Attorney

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Daniel O. Schaiewitz was not present

By Administrative Complaint filed May 21, 1976, the FREC ex rel. Harold T. Mooney seeks to revoke, suspend or otherwise discipline the registration of Daniel O. Schaiewitz. The Complaint alleges that Daniel O. Schaiewitz was found guilty in a federal court of a crime involving moral turpitude to wit: knowingly, intentionally, and unlawfully retaining property of the United States in violation of 18 U.S.C. 641 and thereby his registration was subject to suspension as provided by Section 475.25(1)(e) F.S.

At the commencement of the hearing a certified copy of the registration of the Defendant was admitted into evidence as Exhibit 1; the return receipt acknowledging receipt of the complaint was entered into evidence as Exhibit 2; a copy of the envelope containing the Notice of Hearing and a copy of the certified mail receipt showing letter unclaimed was admitted into evidence as Exhibit 3; and a certified copy of the judgment and probation/commitment order dated October 14, 1975 was admitted into evidence as Exhibit 4.

FINDINGS OF FACT

1. Defendant, Daniel O. Schaiewitz, at all times here involved was a registered real estate salesman and on September 11, 1975 his registration was changed to inactive.

   
   

2. Defendant was duly notified of the charges against him and of the date and place of the hearing.

3. On October 14, 1975 Defendant was found guilty in the United States District Court for the Middle District of Florida of a violation of 18 U.S.C. 641.

   
   

4. 18 U.S.C. 641 is the crime of embezzling property of the United States and carries a maximum punishment of $10,000 fine and ten years imprisonment.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 475.25(1) F.S. provides that the registration of a registrant may be suspended for a period not to exceed two years if the registrant has:

   
   

   "(e) Been guilty of a crime against the laws of this state or any other state or of the United States, involving moral turpitude, or fraudulent or dishonest dealing; and the

   record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the state, shall be admissible as prima facie evidence of such guilt; . . ."

   
   

6. Prima facie evidence of the commission of a crime against the laws of the United States involving moral turpitude was presented and was unrebutted.

   
   

7. From the foregoing it is concluded that Daniel O. Schaiewitz has been guilty of a crime against the laws of the United States involving moral turpitude. It is therefore,

RECOMMENDED that the registration of Daniel O. Schaiewitz be suspended for two years.

DONE and ENTERED this 27th day of September, 1976, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Manuel E. Oliver, Esquire 2699 Lee Road

Winter Park, Florida 32789

Daniel O. Schaiewitz

3111 South Semoran Boulevard Orlando, Florida

Docket for Case No: 76-001121

Orders for Case No: 76-001121