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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES vs RONALD D. EDENFIELD, 11-005520PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-005520PL Visitors: 12
Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Respondent: RONALD D. EDENFIELD
Judges: LISA SHEARER NELSON
Agency: Department of Highway Safety and Motor Vehicles
Locations: Grand Ridge, Florida
Filed: Oct. 28, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 28, 2011.

Latest Update: Dec. 05, 2011
11005520_375_10282011_02504673_e

  1. At the time of his inspection, Mr. Bell noted the following violations:


    1. Site was not prepared for placement of home, in violation of Rule lSC- 1.0102(3), Florida Administrative Code;


    2. Longitudinal stabilizing devices were not installed, in violation of Rule l SC- 1.0102(2), Florida Administrative Code;


    3. Anchor heads were covered with dirt, in violation of Rule 15C-l.0102(2), Florida Administrative Code;


    4. Anchor holes were not backfilled properly, in violation of Rule lSC- 1.0102(4), Florida Administrative Code;


    5. Improper length anchors were installed, in violation of Rule lSC-1.0102(4), Florida Administrative Code;


    6. Stabilizer plates were not centered on the anchors, in violation of Rule l SC- 1.0102(2);


    7. I-beam diagonal straps were loose, in violation of Rule lSC-1.0102(4), Florida Administrative Code;


    8. Unapproved strap crimp seal was installed, in violation of Rule lSC- 1.0102(2), Florida Administrative Code;


    9. Perimeter shear wall pier was improperly installed, in violation of Rule 15C­ l.0103(l)(b), Florida Administrative Code, and


    10. Improper foundation pads were installed, in violation of Rule 15C­ l.0103(1)(a), Florida Administrative Code;


    11. One perimeter pier cap block was cracked/split, in violation of Rule 15C­ l.0103( l )(b), Florida Administrative Code, and


      1. Improper cap block was installed on a pier, in violation of Rule lC- 1.0103(1)(b), Florida Administrative Code.


  2. On July 28, 2011 the Department received a completion letter signed by the Respondent indicating the items cited in paragraph five above had been corrected.

  3. On or about August 3, 2011, Leonard Bell, Division of Motorist Services Community Assistance Consultant made his second inspection of the home listed in paragraph four above.

  4. At the time of his inspection Mr. Bell noted that items a, b, c, d, f, g, h, i, k and l


    had been corrected but items e and j listed in paragraph five above had not been corrected.


  5. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, by violating the installation standards contained in Rules l 5C-1.0102 to 15C-1.0104, Florida Administrative Code.

EXPLANATION OF RIGHTS


You have the right to request a hearing to be conducted in accordance with sections


120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena(s) and subpoena(s) duces tecum issued on your behalf if a hearing is requested. In response to the allegations set forth above, you must make one of the following elections and file your response within 21 days from the date of your receipt of this Administrative Complaint.

Please make your election on the enclosed Election of Rights form and ensure that the Department receives it within 21 days.

  1. If you admit the material fact(s) alleged in this Administrative Complaint, you may request a hearing, pursuant to section 120.57(2), Florida Statutes, before the Division of Motorist Services Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present written and/or oral evidence in mitigation of any proposed penalty. A request for this type of hearing, in which no material facts are in dispute, should be directed to the Division of Motorist Services Legal Office by checking the appropriate space, marked as "1" on the Election of Rights form, and ensuring that the Department receives it within 21 days from the date of your receipt of this Administrative Complaint.


  2. If you dispute any material fact alleged in this Administrative Complaint, you must present sufficient evidence of your dispute and you may request a hearing, pursuant to section 120.57(1), Florida Statutes, at the Division of Administrative Hearings before an Administrative

    Law Judge. A request for this type of evidentiary hearing, in which material facts are in dispute, should be directed to the Division of Motorist Services Legal Office by checking the appropriate space, marked as "2" on the Election of Rights form, specifying the material allegations off act you are disputing -- a general denial is not sufficient -- and ensuring that the Division of Motorist Services Legal Office receives it within 21 days from the date of your receipt of this Administrative Complaint. If you elect an evidentiary hearing, you must keep the Division of Motorist Services Legal Office informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing.


  3. If you wish to settle this matter now, indicate this by checking the appropriate space, marked as "3" on the Election of Rights form, and ensure that the Department receives it, the signed Settlement Stipulation, and any required check made payable to the Division of Motorist Services within 21 days from the date of your receipt of this Administrative Complaint.


In the event you fail to file your election in this matter with the Department within 21 days from your receipt of this Administrative Complaint, your failure may be considered a waiver of your right to dispute the alleged facts and the Department may proceed to enter a Final Order based upon the allegations contained in the Administrative Complaint.


Pursuant to section 120.573, Florida Statutes, mediation is not available for this proceeding.

C?:L .£:T

WHEREFORE, the Department hereby gives notice of its intent to enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine, placement of Respondent on probation, imposition of testing requirements and/or any other relief deemed appropriate.


Sandra C. Lambert, Director Division of Motorist Services Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room B435, MS 80 Tallahassee, Florida 32399


Filed in the official records of the Division of Motorist Services

this d!L_ day of September, 2011.

SCL:clb


Copies furnished:


Dwight Davis, Section Manager Division of Motorist Services


Wayne Jordan, Section Supervisor License Installer Program


By certified mail to:


R. D. Edenfield Post Office Box 229

Grand Ridge, FL 32442


Docket for Case No: 11-005520PL

Orders for Case No: 11-005520PL
Issue Date Document Summary
Dec. 02, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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