Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: RICHARD ALVES
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Mar. 28, 2011
Status: Closed
Recommended Order on Monday, September 19, 2011.
Latest Update: Oct. 12, 2011
Summary: Whether Respondents have violated the provisions of section 550.2415(1)(a), Florida Statutes (2010), and if so, what penalty should be imposed?Respondents violated section 550.2415. Although Respondents were not able to supervise animals pre-race, the absolute insurer rule mandates finding violations of the statute.
11001578AFO
FILED
Department <Jf Busioess ano frofessional Regulation
Deputy Agency Clerk
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File#
Brandon Nichols
10/10/2011
2011-07006
STATE OF FLORIDA
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI DIVISION OF PARI-MUTUEb.,WAGERING-::•n
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING,
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Petitioner,
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DBPR CASE Nos. 2010025971
2010043299
2010061845
DOAH Case No. 1 l-1578PL
RICHARD A. ALVES,
Respondent,
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FINAL ORDER
The Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering (Division), hereby enters this Final Order for the above styled matter. On September 19,2011, the Honorable Lisa Shearer Nelson, Administrative Law Judge, issued the Recommended Order of the Division of Administrative Hearings in this matter. That Recommended Order, DOAH Case No. 11-1578PL, is attached to this Final Order and incorporated herein by reference. No exceptions have been filed to the Recommended Order.
FINDINGS OF FACT
The Findings of Fact contained in the Recommended Order are hereby adopted as the Findings of Fact of the Division.
CONCLUSIONS OF LAW
The Conclusions of Law contained in the Recommended Order are hereby adopted as the Conclusions of Law of the Division.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law adopted from the Rec ommended Order of the Division of Administrative Hearings, it is hereby ORDERED that:
Respondent shall pay an administrative fine of $1,500.00; and
Respondent's occupational license (# 1053205-1021) shall be and is hereby sus pended for a for a period of one year from January 31, 2011, to February 1, 2012.
DONE AND ORDERED this 4 day of October, 2011, in Tallahassee, Florida.
JOE DILL ORE, ACTING DIRECTOR
Division of Pari-Mutuel Wagering
Department of Business & Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-1035
NOTICE OF RIGHT TO APPEAL UNLESS WAIVED
Unless expressly waived, any party substantially affected by this final order may seek judi cial review by filing an original Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, and a copy of the notice, accompanied by the filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal within thirty (30) days of rendi tion of this order, in accordance with Rule 9.110, Florida Rules of Appellate Procedure, and Section 120.68, Florida Statutes.
CERTIFICATE OF SERVICE
I hereby certify this day of October, 2011, that a true copy of the foregoing "Final Order" has been provided by U.S. Mail to:
MITCHELL G. WRENN, ESQ.
958 Ridgewood Avenue
Daytona Beach, Florida 32114-5328
AGENCY CLERK'S OFFICE
Department of Business & Professional Regulation
Copies furnished to:
David N. Perry, Assistant General Counsel Honorable Lisa Shearer Nelson
Division of Administrative Hearings
Docket for Case No: 11-001578PL
Issue Date |
Proceedings |
Oct. 12, 2011 |
(Agency) Final Order (filed in 11-1578).
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Oct. 12, 2011 |
(Agency) Final Order (filed in 11-1579).
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Sep. 19, 2011 |
Recommended Order (hearing held July 22, 2011). CASE CLOSED.
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Sep. 19, 2011 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Aug. 17, 2011 |
Respondents Proposed Recommended Order filed.
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Aug. 17, 2011 |
Amended Motion for Extension of Time to File Respondent's Proposed Order filed.
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Aug. 17, 2011 |
Motion for Extension of Time to File Respondent's Proposed Order filed.
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Aug. 15, 2011 |
Petitioner's Proposed Recommended Order filed.
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Aug. 05, 2011 |
Transcript of Proceedings (not available for viewing) filed. |
Jul. 22, 2011 |
CASE STATUS: Hearing Held. |
Jul. 20, 2011 |
Order Denying Motion to Compel.
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Jul. 12, 2011 |
Petitioner's Motion in Limine to Compel Witness Discovery or to Exclude Witnesses filed.
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Jun. 08, 2011 |
Notice of Service of Interrogatories filed.
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May 27, 2011 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for July 22, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
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May 12, 2011 |
Petitioner's Response to Order Granting Continuance filed.
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May 12, 2011 |
Petitioner's Response to Order Granting Continuance filed.
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May 03, 2011 |
Petitioner's Supplemental Exhibits List (exhibit not available for viewing) |
May 02, 2011 |
Notice of Service of List of Experts, Witness, and Exhibits filed.
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May 02, 2011 |
Order Granting Continuance (parties to advise status by May 12, 2011).
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Apr. 29, 2011 |
Petitioner's Witness List filed.
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Apr. 29, 2011 |
Petitioner's Exhibits List (exhibits not available for viewing) |
Apr. 29, 2011 |
Petitioner's Agreed Motion to Continue Final Hearing filed.
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Apr. 12, 2011 |
Order of Pre-hearing Instructions.
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Apr. 12, 2011 |
Notice of Hearing by Video Teleconference (hearing set for May 9, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
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Apr. 12, 2011 |
Order of Consolidation (DOAH Case Nos. 11-1578PL and 11-1579PL).
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Apr. 05, 2011 |
Joint Response to Initial Order filed.
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Mar. 29, 2011 |
Initial Order.
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Mar. 29, 2011 |
Election of Rights filed.
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Mar. 28, 2011 |
Administrative Complaint filed.
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Mar. 28, 2011 |
Agency referral filed.
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Orders for Case No: 11-001578PL
Issue Date |
Document |
Summary |
Oct. 04, 2011 |
Agency Final Order
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Oct. 04, 2011 |
Agency Final Order
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Sep. 19, 2011 |
Recommended Order
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Respondents violated section 550.2415. Although Respondents were not able to supervise animals pre-race, the absolute insurer rule mandates finding violations of the statute.
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