STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND )

EMPLOYMENT SECURITY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-1021

)

WILLIS GLOVER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William R. Cave, held a public hearing in the above- captioned case on June 11, 1987 in Palatka, Florida. The issue for determination is whether Willis Glover (Respondent) has violated provisions of the Farm Labor Registration Law, Chapter 450, Part III, Florida Statutes, as alleged by the Department of Labor and Employment Security (Petitioner).

APPEARANCES

For Petitioner: Moses E. Williams, Esquire

Department of Labor and Employment Security

Montgomery Building, Suite 117 2562 Executive Center Circle Tallahassee, Florida 32399-0658

For Respondent: Willis Glover, Pro Se

21 North Main Street Crescent City, Florida 32012

BACKGROUND

By letter dated February 6, 1987, Petitioner advised Respondent that a civil money penalty of $1,500.00 was being assessed against the Respondent for the alleged violation of Section 450.33(5)(9), Florida Statutes and Rule 38B- 4.04(5) and 38B-4.05(1), Florida Administrative Code on the grounds that: (a) Respondent had failed to submit evidence to the Petitioner that a 1974 Dodge Van used by Respondent to transport farm workers in his employ complied with the requirements and specifications established in Section 316.620, Florida Statutes or Public Law 93-515 as amended by Public Law 97-470 and that no valid inspection sticker was displayed on the 1974 Dodge Van showing that the vehicle had passed inspection in the state of vehicle registration and; (b) Respondent had failed to purchase liability insurance to insure Respondent against liability for damages to persons or property arising out of the operations or ownership of the 1974 Dodge Van used to transport farm workers in connection with Respondent's farm labor contracting business and to submit certification of such insurance coverage to Petitioner.

In support of its charges, Petitioner produced the testimony of Marshall Carroll, Compliance Officer and Respondent. Petitioner's Exhibits 1-3 were received into evidence. Respondent testified on his own behalf but did not introduce any documentary evidence.

The parties did not submit any posthearing proposed Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. At all times pertinent to this proceeding, Respondent was a registered farm labor contractor whose Social Security number is 266-30-9569.

   
   

2. Respondent worked as a farm labor contractor only during the potato season which usually begins in March or April. Therefore, Respondent did not apply for certification as a farm labor contractor until March 31, 1986 even though his previous certification as a farm labor contractor had expired on December 31, 1985.

   
   

3. There was credible evidence that Respondent had been using a 1968 Chevrolet vehicle to transport farm workers which carried a valid inspection sticker and was covered by Respondent's liability insurance. The 1968 Chevrolet "broke down" and was replaced by a 1974 Dodge Van on May 6, 1986 which had passed inspection on May 6, 1986 and added to Respondent's liability insurance policy on the same date.

   
   

4. There was credible evidence that a valid inspection certificate and insurance certificate for the 1974 Dodge Van had been furnished to Petitioner's local office in Palatka on May 1986 but was not received in Petitioner's Tallahassee Office where the official files are maintained until a later date.

   
   

5. On May 6, 1986, Respondent was cited for failure to have the 1974 Dodge Van properly insured and inspected. There were other violations cited but the Petitioner resolved those in favor of Respondent.

   
   

6. There was credible evidence that Respondent had operated as a farm labor contractor for a substantial number of years without being cited for any violations under the Farm Labor Registration Law, Chapter 450, Part III, Florida Statutes.

   
   

7. Respondent is a farm labor contractor as that term is defined in Section 450.2(1), Florida Statutes.

CONCLUSIONS OF LAW

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

   
   

2. Section 450.31,(1)(2), Florida Statutes, provides in pertinent part as follows:

   
   

   The division shall not issue to any person a certificate of registration as a farm labor contractor, nor shall it renew such certificate, until: (e.s.)

   1. Such person has executed a written application there for in a form and pursuant to regulations prescribed by the division and has submitted such information as the division may prescribe (e.s.)

   2. The division is satisfied that the applicant complies with the rules and regulations promulgated by it. (e.s.).

      
      

   3. Rule 38B-4.004, (3)(5), Florida Administrative Code in pertinent part provides:

Prior to the issuance of a certificate, or the renewal of a certificate previously issued, a person seeking a certificate must:

* * *

(3) Submit a certificate of insurance demonstrating that the applicant has complied with the applicable liability insurance coverage required by these regulations and Section 450.33, Florida Statutes.

* * *

(5) Submit proof that each vehicle which will be used for transportation of farm workers has been found in compliance with the safety equipment inspection requirements of the state in which the vehicle is registered if applicable.

1. The record is clear that Respondent was issued a certificate of registration on May 6, 1986 and it is equally clear that Respondent had submitted proof of insurance and vehicle inspection on the 1974 Dodge van to the division at its local office in Palatka, Florida on May 6, 1986.

   
   

2. The burden of proof is on the party asserting the affirmative of an issue before an administrative tribune. Florida Department of Transportation v.

J.W.C. Company, Inc., 396 So.2d 778 (2 DCA Fla. 1981). The Petitioner has failed to meet its burden of proof to show that Respondent had not timely submitted proof of insurance coverage and vehicle inspection on the 1974 Dodge Van used by Respondent on May 6, 1986 to transport farm workers.

RECOMMENDATION

Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore,

RECOMMENDED that the Petitioner, enter a Final Order dismissing all charges filed against the Respondent.

Respectfully submitted and entered this 9th day of July, 1987, in Tallahassee, Leon County, Florida.

WILLIAM R. CAVE

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 9th day of July, 1987.

COPIES FURNISHED:

Moses E. Williams, Esquire Department of Labor and Security Tallahassee, Florida 32301

Willis Glover

21 North Main Street Crescent City, Florida 32012

Hugo Menendez, Secretary Department of Labor and

Employment Security

206 Berkeley Building 2590 Executive Center Circle, East

Tallahassee, Florida 32399-2152

Docket for Case No: 87-001021

Orders for Case No: 87-001021