STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 90-1125

)

ERNEST J. GRANT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Don W. Davis, held a formal hearing in the above- styled case on April 18, 1990, in Bartow, Florida.

APPEARANCES

For Petitioner: Moses E. Williams, Esquire

Department of Labor and Employment Security Montgomery Building, Suite 117

Tallahassee, Florida 32399 For Respondent: No Appearance

STATEMENT OF THE ISSUES

The issue for determination is whether Respondent's application for renewal of his certificate of registration as a farm labor contractor should be granted. Preliminary to that determination is the issue of whether Petitioner has failed to pay in excess of $10,000 in unemployment compensation taxes.

PRELIMINARY STATEMENT

On or about November 28, 1989, Respondent filed an application with Petitioner, seeking renewal of his certificate of registration as a farm labor contractor. Petitioner subsequently denied the request and Respondent requested formal administrative proceedings regarding the denial of the application.

On February 20, 1990, the matter was transferred to the Division Of Administrative Hearings to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes.

At the hearing, Petitioner presented the testimony of three witnesses and eight evidentiary exhibits. Respondent did not appear and no evidence was presented on his behalf.

No transcript of the hearing was provided by the parties. Petitioner waived the filing of proposed findings of fact. Respondent did not timely file proposed findings of fact, and no such findings had been received at the time of the preparation of this recommended order.

FINDINGS OF FACT

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

   
   

2. Respondent's latest certificate of registration was issued by Petitioner on December 14, 1988, and expired on July 18, 1989.

   
   

3. On November 28, 1989, Respondent applied for renewal of his certificate of registration. By letter dated January 5, 1990, Petitioner requested Respondent to contact Petitioner'srepresentative within 14 days regarding Respondent's nonpayment of unemployment compensation taxes totalling in excess of $10,000.

   
   

4. Petitioner's correspondence further stated that applicable Florida law prevented the renewal of a certificate of registration absent Petitioner's satisfaction that the applicant for renewal is compliant with Petitioner's administrative rules regulating farm labor contractors. Petitioner's rules require compliance by farm labor contractors with applicable rules and statutes, both state and federal, relating to the payment of unemployment compensation taxes.

   
   

5. Respondent's history of nonpayment of unemployment compensation taxes to Petitioner is lengthy, dating back to 1978 when his tax account was established with Petitioner's Bureau of Tax. Numerous checks written by Respondent for payments for previous taxes to Petitioner have been dishonored upon presentment for payment.

   
   

6. Petitioner's attempts to resolve Respondent's tax payment deficiencies through the establishment of "time payment accounts" for the benefit of Respondent have failed or yielded only marginal results as a result of Respondent's noncompliance with those agreements. Respondent's last token payment on such an agreement in the amount of $50 was received by Petitioner on January 11, 1985.

   
   

7. Respondent has made no contributions for unemployment compensation taxes for the previous 18 calendar year quarters of tax liability.

   
   

8. Respondent presently owes Petitioner $10,642.22 in unpaid unemployment compensation taxes; $6,128.36 in interest; $85 in unpaid penalties; $25 in service fees for bad checks; and $28 in filing fees. The total amount currently owed by Respondent to Petitioner is $16,928.58.

   
   

   CONCLUSIONS OF LAW

   
   

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

10. Rule 38H-11.010, Florida Administrative Code, provides that grounds for revocation or denial of renewal of a certification of registration by Petitioner shall include violation of Petitioner's administrative rules or Chapter 450, part III, Florida Statutes.

    
    

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

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that a Final Order be entered denying Respondent's application for renewal of his certificate of registration as a farm labor contractor.

DONE AND ENTERED this 30th day of April, 1990, in Tallahassee, Leon County, Florida.

DON W.DAVIS

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Fl 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of April, 1990.

COPIES FURNISHED:

Ernest J. Grant

204 Sally Blvd

P.O. Box 1222

Bowling Green, FL 33834

Moses E. Williams, Esq.

Suite 117 Montgomery Building 2562 Executive Center Circle Tallahassee, FL 32399-2152

Hugo Menendez, Secretary

206 Berkeley Building

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

Stephen Barron, Esq.

131 Montgomery Building

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

Docket for Case No: 90-001125

Orders for Case No: 90-001125