STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND ) EMPLOYMENT SECURITY, BUREAU OF ) AGRICULTURAL PROGRAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 88-5967

)

SANTOS SAMARRIPPAS, SR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above-styled matter was heard before the Division of Administrative Hearings by its duly designated Hearing Officer, Don W. Davis, on January 19, 1989 in Winter Haven, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Moses E. Williams, Esquire

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

For Respondent: No Appearance

BACKGROUND

This matter began when Petitioner issued a notice of intent to revoke Respondent's Florida Farm Labor Contractor Certificate of Registration for failure to pay unemployment, compensation taxes. Respondent requested a formal administrative hearing and this proceeding ensued.

At hearing, Petitioner presented the testimony of three witnesses and five evidentiary exhibits. Respondent did not appear and no evidence was presented on his behalf. Petitioner waived the filing of proposed findings of fact.

Respondent did not timely provide proposed findings and none had been received at the time of the preparation of this recommended order.

On behalf of Respondent and subsequent to the hearing, Thomas Joel Chawk, Esquire, filed a document entitled Suggestion Of The Pendency Of Bankruptcy Proceedings Under The Bankruptcy Act. The document set forth the caption and number of the bankruptcy case involving Respondent and contained the assertion that the filing of the Petition for bankruptcy operated as a stay of the continuation of these proceedings. The undersigned issued a Notice To Show Cause and asked the parties to address whether the issuance of a recommended order should be abated. After review of the parties' responses, the undersigned

issued an order dated March 3, 1989, discharging the Notice To Show Cause and informing the parties that a recommended order would issue in this cause.

Based upon all of the evidence, including the demeanor and candor of the witnesses who testified, the following findings of fact are determined:

FINDINGS OF FACT

1. Respondent is Santos Samarrippas, Sr., a farm labor contractor and holder of a certificate of registration issued by Petitioner at all times pertinent to these proceedings.

   
   

2. Respondent's current certificate of registration was issued April 26, 1988. Respondent has renewed his certificate of registration on an annual basis since 1984. As of January 9, 1989, Respondent was indebted to Petitioner in the amount of $5,195.27. This sum represents unpaid unemployment compensation taxes, along with interest and penalties for nonpayment from 1984 to through 1988.

   
   

3. In April of 1985, Respondent was informed of his liability for unpaid unemployment compensation taxes in 1984. He completed, after consultation with Petitioner's representative, requisite forms for tax reporting purposes, but neglected to pay the delinquent taxes.

   
   

4. Respondent continued his failure to completely pay the required taxes in 1986 and 1987. He made only "pittance" payments. In 1988, Respondent and Petitioner's representative agreed upon a payment plan whereby Respondent agreed to pay the delinquent taxes, penalties and interest at a rate of $100 per week until the total amount owed by him was paid. Respondent made those payments from February 21, 1988 until April 5, 1988. He then ceased to make further payments.

   
   

5. The proof establishes that Respondent, after subtraction of the minor payments he made, owed Petitioner a total sum for delinquent taxes, interest, and filing fees for each of the following years in the amounts shown:

   
   

   AMOUNT	YEAR
   $2039	1984
   $ 504	1985
   $1468.09	1986
   $1183.56	1988

   
   

6. Respondent made two timely quarterly tax reports to Petitioner out of a total of 14 required in the period 1984-88, but never made timely payments of the amounts of unemployment compensation taxes owed to Petitioner Also, Respondent never made full payments of the amount of taxes owed.

   
   

7. As a result of Respondent's nonpayment of unemployment compensation taxes, Petitioner notified Respondent by letter dated November 17, 1988, of intent to revoke Respondent's Florida Farm Labor Contractor Certificate of Registration for his failure to comply with applicable rules of the United States or the State of Florida relating to unemployment compensation.

   CONCLUSIONS OF LAW

   
   

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

   
   

9. Rule 38H-11.010(4)(c), Florida Administrative Code, provides that grounds for revocation of a certification of registration by Petitioner shall include violation of Petitioner's rules or Chapter 450, Part III, Florida statutes.

   
   

10. Petitioner's Rule 38H-11.006(5), Florida Administrative Code, requires that a holder of a certificate of registration comply with statutes and rules for the protection or benefit of labor relating to unemployment compensation. Respondent has clearly failed to comply with this requirement.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking Respondent's certificate

of registration as a farm labor contractor.

DONE AND ENTERED this 8th day of March, 1989, in Tallahassee, Leon County, Florida.

DON W. DAVIS

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of March, 1989.

COPIES FURNISHED:

Thomas Joel Chawk, Esquire Post Office Drawer 8209 Lakeland, Florida 33802-8209

Santos Samarrippas, Sr. 3501 Avenue K Northwest Winter Haven, Florida 33881

Moses E. Williams, Esquire Suite 117 Montgomery Building 2562 Executive Center Circle Tallahassee, Florida 32399-0658

Hugo Menendez, Secretary

206 Berkeley Building

2590 Executive Center Circle, East Tallahassee, Florida 32399-2152

Stephen Barron, Esquire

131 Montgomery Building

2563 Executive Center Circle, East Tallahassee, Florida 32399-2152

Docket for Case No: 88-005967

Orders for Case No: 88-005967