STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, )

)

Petitioner, )

)

vs. ) CASE NO. 88-0562

)

MARK W. GELLING, SR., )

)

Respondent. )

)

RECOMMENDED ORDER

Before J. Lawrence Johnston, Hearing Officer, Division of Administrative Hearings.

Jack M. Larkin, Esquire, of Tampa, for Petitioner.

Lee Ellen Acevedo, Esquire, of New Port Richey, for Respondent.

A final hearing was held in this case in New Port Richey on June 10, 1988, on the Amended Administrative Complaint, dated April 8, 1988, charging the Respondent with proceeding with the repair of a roof without a permit and without calling for required inspections and with failing to honor a guarantee.

At the final hearing, the parties stipulated on the record to an agreement settling the differences between the parties.

STIPULATED FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. At all times relevant, the Respondent was licensed by the Construction Industry Licensing Board as follows:

   
   

   License No(s): RC 0021957

   Licensed as: Registered roofing contractor Address of record is in: New Port Richey, Florida

2. A certain contracting job was undertaken as follows: Customer: Stella Domas

   Approximate contract date: 6-85

   Approximate price: $600

   Job location: New Port Richey, Florida

   Job generally consisted of: Repair roof of Customer's house

   
   

3. Said job was undertaken by the contracting business Respondent was associated with and responsible for in his capacity as a licensee.

4. Respondent proceeded without a timely permit having been issued, violating local law, either deliberately or through improper supervision, in violation of 489.129(1)(d), (m), (j) 489.119; and 489.105(4), Florida Statutes.

   
   

5. Respondent proceeded without timely obtaining all required inspections, violating local law, either deliberately or through improper supervision, in violation of 489.129(1)(d), (m), (j); 489.119; 489.105(4), Florida Statutes.

   
   

6. Respondent gave a guarantee on said job to the Customer, and thereafter failed to reasonably honor said guarantee, in violation of 489.129(1)(m), (j); 489.119; 489.105(4), Florida Statutes.

   
   

7. Respondent performed said work in a substantially deficient manner, therefore, violating 489.129(1)(m).

   
   

8. Respondent previously has been disciplined by the State Construction Board.

   
   

   STIPULATED DISPOSITION

   
   

   Based on the Stipulated Findings Of Fact and Conclusions Of Law, the parties agree to the following disposition of the Amended Administrative Complaint:

   
   

9. The Respondent shall pay a $1500 fine, payable within 60 days from entry of a final order approving this stipulated disposition; and

   
   

10. The Respondent's registered roofing contractor license number RC 0021957 shall be suspended for 60 days, beginning 60 days from the entry of a final order approving this stipulated disposition.

RECOMMENDATION

It is recommended that the Construction Industry Licensing Board enter a final order approving and incorporating the settlement stipulation between the parties.

RECOMMENDED 28th day of July, 1988, in Tallahassee, Florida.

J. LAWRENCE JOHNSTON 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 28th day of July, 1988.

COPIES FURNISHED:

Jack M. Larkin, Esquire 806 Jackson Street

Tampa, Florida 33602

Lee Ellen Acevedo, Esquire 7716 Massachusetts Avenue

New Port Richey, Florida 34653

Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2

Jacksonville, Florida 32201

William O'Neil, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-000562

Orders for Case No: 88-000562