STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

)

Petitioner, )

)

vs. ) CASE NO. 90-5985

)

JAMES JOHNSON, )

)

)

Respondent. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the Hearing Officer designated by the Division of Administrative Hearings, on November 27, 1990, in Florida City, Florida.

APPEARANCES

For Petitioner: Francisco Rivera, Esquire

Department of Labor and Employment Security

2012 Capital Circle, Southeast Suite 307, Hartman Building Tallahassee, FL 32399-0658

For Respondent: No Appearance

STATEMENT OF THE ISSUE

The issue is whether the application filed by Mr. Johnson for a certificate of registration as a Florida Farm Labor Contractor should be issued by the Department.

PRELIMINARY STATEMENT

A Notice of Hearing was entered on October 30, 1990, setting this matter for final hearing at the City Commission Chambers, in the City Hall of Florida City, on November 27, 1990. Notice of the hearing was mailed to both parties.

Another case involving the Florida Department of Labor and Employment Security had been set earlier at the City Commission Chambers. While the prior hearing was pending, employees of the Florida Department of Labor Job Service Office in Belle Glade, Florida, telephoned the Florida City City Hall, to say that Mr. James Johnson had appeared at that Job Service office for the hearing, because he had thought the hearing was to be held in Belle Glade. Due to the

great distance from Belle Glade, in western Palm Beach County, to Florida City, in southern Dade County, it was not possible for Mr. Johnson to attend the hearing in his case, as scheduled. The hearing in this case began at 3:00 p.m.

FINDINGS OF FACT

1. Mr. Johnson had been the subject of a prior administrative complaint by the Department of Labor and Employment Security Case No. 88-3795. In that proceeding he was represented by Mr. Thomas Montgomery, Esquire, of Belle Glade, Florida. That proceeding involved an earlier application by Mr. Johnson for a certificate of registration as a Florida Farm Labor Contractor, which the Department denied because Mr. Johnson was liable for unpaid unemployment compensation taxes in the amount of $1,400, and under Rule 38B-4.06(5), Florida Administrative Code, he was ineligible for registration until those unemployment compensation taxes had been paid. The parties had reached a stipulated settlement in that action, under which Mr. Johnson agreed to pay $100.00 per month until the balance due had been paid in full. That stipulation had been signed by Mr. Montgomery, the lawyer for Mr. Johnson. The stipulation was filed on November 18, 1988, with the Division of Administrative Hearings, and consequently an Order Closing File was entered in Case No. 88-3795.

   
   

2. Mr. Johnson failed to make payments in accordance with the stipulation agreement. Given the accrued interest and penalties, Mr. Johnson is currently indebted to the State of Florida for unpaid employment compensation taxes, interest, penalties and filing fees in the amount of $2,213.94.

   
   

3. Mr. Johnson's failure to make payment as required under the stipulation which he entered into in settlement of Case No. 88-3795, his prior application for a certificate of registration as a Farm Labor Contractor, causes the Hearing Officer to disbelieve that Mr. Johnson was mistaken as to the location of the hearing. The Notice of Hearing was clear. Mr. Johnson has also failed to answer requests for admissions and interrogatories served upon him in this proceeding. Mr. Johnson is continuing to engage in a pattern of conduct designed to evade his responsibility to pay unemployment compensation taxes which he owes. His application for a certificate of registration filed June 4, 1990, should be denied.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over this matter. Section 120.57(1), Florida Statutes.

   
   

5. When he had been registered as a Farm Labor Contractor, Mr. Johnson failed to make unemployment compensation tax payments due. This violated Rule 38H-11.006(5), Florida Administrative Code, which states:

   
   

   Upon obtaining his certificate, each contractor thereafter must: comply with all applicable rules or regulations of the United States or of the State of Florida for the protection or benefit of labor including but not limited to those providing for . . . unemployment compensation . . .

6. As a result, Mr. Johnson is not entitled to receive a certificate of registration as a Florida Farm Labor Contractor under Section 450.31(2), Florida Statutes, which states:

   
   

   The Division shall not issue to any person a certificate of registration as a Farm Labor Contractor, nor shall it renew such certificate, until: the division is satisfied that the applicant complies with rules and regulations promulgated by it.

   
   

7. Mr. Johnson must pay the outstanding unemployment compensation taxes before he will be eligible for registration.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying the application of James

Johnson for a certificate of registration as a Florida Farm Labor Contractor.

DONE and ENTERED this 30th day of November, 1990, at Tallahassee, Florida.

WILLIAM R. DORSEY, JR.

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 30th day of November, 1990.

Copies furnished:

Francisco Rivera, Esquire Department of Labor and

Employment Security

2012 Capital Circle, Southeast Suite 307, Hartman Building Tallahassee, Florida 32399-0658

James Johnson

391 Shirley Drive Pahokee, Florida 33034

Hugo Menendez, Secretary Department of Labor and

Employment Security Berkeley Building, Suite 200

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

Stephen Barron, General Counsel Department of Labor and

Employment Security

307 Hartman Building

2012 Capital Circle, Southeast Tallahassee, Florida 32399-0658

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 90-005985

Orders for Case No: 90-005985