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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CHARLES MCMAHAN AND SANDRA MCMAHAN, D/B/A MIKE`S MUNCHIES, 01-002007 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002007 Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CHARLES MCMAHAN AND SANDRA MCMAHAN, D/B/A MIKE`S MUNCHIES
Judges: SUZANNE F. HOOD
Agency: Department of Business and Professional Regulation
Locations: Panama City, Florida
Filed: May 22, 2001
Status: Closed
Recommended Order on Friday, September 7, 2001.

Latest Update: Dec. 12, 2001
Summary: The issues are whether Respondents are guilty of violating Chapter 509, Florida Statutes, and Rule 61C, Florida Administrative Code, governing operation of a public food service establishment, and if so, what penalty should be imposed.Respondents are guilty of violating numerous provisions of the Food Code and several rules regulating public food establishments.
By ; gh” AT oe . By aw - a STATE OF FLORIDA Dy, 6 ~L DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ty DIVISION OF HOTELS AND RESTAURANTS LS i6 1, Wyhlg Ge as Wty, DEPARTMENT OF BUSINESS AND Sap PROFESSIONAL REGULATION, . DIVISION OF HOTELS AND RESTAURANTS, ; Petitioner, DHE&R Case Nos. 6-00-078 6-00-125 vs. 6-99-028 DOAH Case Nos. 01-2006 9 DE--CLe CHARLES MCMAHAN AND 01-2007 : , SANDRA MCMAHAN, D/B/A 01-2008 | MIKE'S MUNCHIES, : License No. 13-04489-R Respondent. "Final Order No. R-2001-03040 Dateig “4-01 / Department of Business and Professional rept AGENCY CLERK : Sarah Wachman, Agency Cork FINAL ORDER wv Lotamdon™M” The undersigned Director of the Division of Hotels and Restaurants enters this Final | Order in the above-styled cause pursuant to Section 120, Florida Statutes. Petitioner, Division of Hotels and Restaurants, adopts in toto the Recommended Order of the Honorable Suzanne F. Hood, Administrative Law Judge, Division of Administrative Hearings i issued on the 7th th day of ‘September, 2001, herein attached 2 as s Exhibit "A" “ae ORDER Based 1 upon the complete record, the findings of fact, conclusions of law, and recommendation of the Administrative Law Judge of the Division of Administrative Hearings, it is hereby ORDERED that: 1. Respondent shall pay administrative fines in the amount of $1,200 for DOAH Case No. 01-2006 (DH&R Case No. 6-00-078), $500 for DOAH Case No. 01-2007 (DH&R Case No. 6-00-125), and $8,000 for DOAH Case No. 01-2008 (DH&R Case No. 6-99-028), for a grand total of $9,700, which may be paid in one lump sum or in monthly installment of no less than $100.00. Payment shall be made by check or money order made payable to the Department of Business and Professional Regulation, and mailed to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, within 30 days of the date of this Final Order. If Respondent fails to pay the fine as required by this Final Order, Respondent's license shall be suspended until Respondent begins making monthly payments of no less than $100.00. Florida. GEO 'Y LUEBKEMANN, DIRECTOR Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1012 NOTICE OF RIGHT TO APPEAL This Order constitutes final agency action. Any party who is adversely affected by this Order ahs the right to seek judicial review of the Order pursuant to Section120.68, Florida Statutes, by filing a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the appropriate District Court and the Agency Clerk. The Notice of Appeal, accompanied by the appropriate filing fees, must be filed within 30 days of the date of this Final Order. DONE AND ORDERED this [ if day of Sept ten , 2001, in Tallahassee, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished via Certified U.S. Mail, Return Receipt Requested, to Charles McMahan & Sandra McMahan, d/b/a Mike's Munchies, at 5324 Thomas Drive, Panama City, Florida 32408, and by Regular U.S. Mail to The Honorable Suzanne F. Hood, Administrative Law Judge, at Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and via inter-office mail to Charles F. Tunnicliff, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee,

Docket for Case No: 01-002007
Issue Date Proceedings
Dec. 12, 2001 Notice of Scrivener`s Error filed by Petitioner.
Sep. 26, 2001 Final Order filed.
Sep. 07, 2001 Recommended Order issued (hearing held July 19, 2001) CASE CLOSED.
Sep. 07, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Aug. 31, 2001 Petitioner`s Proposed Recommended Order filed.
Aug. 22, 2001 Transcript filed.
Jul. 19, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jul. 17, 2001 Consent to Appearance by a Student Intern (filed Cl. Pamperin via facsimile).
Jun. 05, 2001 Order of Pre-hearing Instructions issued.
Jun. 05, 2001 Notice of Hearing issued (hearing set for July 19, 2001; 10:00 a.m.; Panama City, FL).
Jun. 04, 2001 Order of Consolidation issued. (consolidated cases are: 01-002006, 01-002007, 01-002008)
May 31, 2001 Response to Initial Order (filed by Petitioner via facsimile).
May 23, 2001 Initial Order issued.
May 22, 2001 Motion for Consolidation (of case nos. 01-2006, 01-2007, 01-2008) filed.
May 22, 2001 Administrative Complaint Following Emergency Closure filed.
May 22, 2001 Agency referral, Requesting a Hearing filed.

Orders for Case No: 01-002007
Issue Date Document Summary
Sep. 21, 2001 Agency Final Order
Sep. 07, 2001 Recommended Order Respondents are guilty of violating numerous provisions of the Food Code and several rules regulating public food establishments.
Source:  Florida - Division of Administrative Hearings

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