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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs RICHARD ALVES, 11-001578PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001578PL Visitors: 27
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:

  1. Respondent shall pay an administrative fine of $1,500.00; and

  2. 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).
Oct. 12, 2011 (Agency) Final Order (filed in 11-1579).
Sep. 19, 2011 Recommended Order (hearing held July 22, 2011). CASE CLOSED.
Sep. 19, 2011 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 17, 2011 Respondents Proposed Recommended Order filed.
Aug. 17, 2011 Amended Motion for Extension of Time to File Respondent's Proposed Order filed.
Aug. 17, 2011 Motion for Extension of Time to File Respondent's Proposed Order filed.
Aug. 15, 2011 Petitioner's Proposed Recommended Order filed.
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.
Jul. 12, 2011 Petitioner's Motion in Limine to Compel Witness Discovery or to Exclude Witnesses filed.
Jun. 08, 2011 Notice of Service of Interrogatories filed.
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).
May 12, 2011 Petitioner's Response to Order Granting Continuance filed.
May 12, 2011 Petitioner's Response to Order Granting Continuance filed.
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.
May 02, 2011 Order Granting Continuance (parties to advise status by May 12, 2011).
Apr. 29, 2011 Petitioner's Witness List filed.
Apr. 29, 2011 Petitioner's Exhibits List (exhibits not available for viewing)
Apr. 29, 2011 Petitioner's Agreed Motion to Continue Final Hearing filed.
Apr. 12, 2011 Order of Pre-hearing Instructions.
Apr. 12, 2011 Notice of Hearing by Video Teleconference (hearing set for May 9, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Apr. 12, 2011 Order of Consolidation (DOAH Case Nos. 11-1578PL and 11-1579PL).
Apr. 05, 2011 Joint Response to Initial Order filed.
Mar. 29, 2011 Initial Order.
Mar. 29, 2011 Election of Rights filed.
Mar. 28, 2011 Administrative Complaint filed.
Mar. 28, 2011 Agency referral filed.

Orders for Case No: 11-001578PL
Issue Date Document Summary
Oct. 04, 2011 Agency Final Order
Oct. 04, 2011 Agency Final Order
Sep. 19, 2011 Recommended Order 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.
Source:  Florida - Division of Administrative Hearings

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