STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION FLORIDA ) CONSTRUCTION INDUSTRY LICENSING ) BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1940

) BRADFORD CLOUGH, d/b/a AQUA-VAC ) SELF CLEAN SWIM POOLS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 13, 1980, in Punta Gorda, Florida.

APPEARANCES

For Petitioner: Michael Egan, Esq.

ROBERTS & EGAN, P.A.

Post Office Box 1386 Tallahassee, Florida 32302

For Respondent 1/

By its Administrative Complaint filed herein on February 5, 1980, the Florida Construction Industry Licensing Board, Petitioner, seeks to discipline the Respondent based on disciplinary action taken by the Charlotte County Building Board. Section 468.112(2)(f), Florida Statutes. 2/

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying and the entire record compiled, the following relevant facts are found.

   
   

2. Bradford Clough, Respondent, is a registered pool contractor who holds license No. RP 0031551, which license is current and active. Respondent was first licensed on December 6, 1977, as qualifier of Aqua-Vac Self Clean Swim Pools. (Petitioner's Exhibit 1.)

   
   

3. Arnold Verway has been the Building Director for Charlotte County since May 8, 1978. As Building Director, Mr. Verway is in charge of receiving and investigating complaints filed by homeowners against contractors licensed by the Charlotte County Building Board. In this regard, on October 5, 1978, the Charlotte County Building Board listened to two complaints which had been filed

   with the Department against Respondent "for not fulfilling his contract and for jobs done in an unworkmanlike manner . These complaints were filed by Mr. and Mrs. Phillip J. Greulich and Mr. and Mrs. George Beveridge, of Port Charlotte. After discussion, the Board sent formal notification to Respondent to attend the Board's next regular meeting in order to allow him an opportunity to present any defense respecting the above referenced complaints. Respondent was notified by certified letter dated October 13, 1978, return receipt requested.

   (Petitioner's Exhibit 2.) At the Board's meeting on November 2, 1978, complainants George Beveridge and Phillip Greulich restated their complaints which had earlier been made to the Board at its October 5, 1978, meeting.

   Respondent had not resolved the complaints to the satisfaction of complainants as of the date of this hearing. Respondent did not appear at the Board's November 2, 1978, meeting. The Board suspended Respondent's certificate of competency "until such time as he demonstrated to the Board that he had rehabilitated himself and was thus eligible and capable of working in Charlotte County". (Petitioner's Composite Exhibit 3.) The Petitioner has reviewed the disciplinary action taken by the Charlotte County Building Board. (Testimony of Petitioner's investigator, John Viking.)

   
   

   RESPONDENT'S DEFENSE

   
   

4. As stated, Respondent did not appear at this hearing or at the hearing before the Charlotte County Building Board, despite proper notice.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice Provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Petitioner, Florida Construction Industry Licensing Board, is derived from Chapter 468, Florida Statutes.

   
   

8. Section 468.112(2)(f), Florida Statutes, provides in pertinent part that disciplinary action taken against a licensee by a local municipality or county provides a basis for disciplinary action by the Petitioner.

   
   

9. Competent and substantial evidence was offered to establish that the Respondent, Bradford Clough, doing business as Aqua-Vac Self Clean Swim Pools, was suspended by the Charlotte County Building Board on November 2, 1978. Respondent has not been reinstated by the Charlotte County Building Board. As such, Respondent has engaged in conduct violative of Section 468.112(2)(f), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED:

That the Respondent's registered pool contractor's license, RP 0031551, be REVOKED

RECOMMENDED this 30th day of April, 1980, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTES

1/ Respondent, Bradford Clough, although properly noticed, failed to appear and was not represented at the hearing.

2/ Section 468.112(2)(f), Florida Statutes (1977) is presentry codified as Section 468.129(1)(i), Florida Statutes.

COPIES FURNISHED:

Michael Egan, Esquire ROBERTS & EGAN, P.A.

Post Office Box 1386 Tallahassee, Florida 32302

Mr. Bradford Clough Post Office Box 2533 1277 Ewing Circle

Port Charlotte, Florida 33952

Mr. J. K. Linnan Executive Director

Florida Construction Industry Licensing Board

Post Office Box 8621 Jacksonville, Florida 32211

Docket for Case No: 79-001940

Orders for Case No: 79-001940