STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTORIST SERVICES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTORIST SERVICES, Petitioner, Case No.: MS-13-260 License No.: VI-1051019 v. CAR STORE OF ALTAMONTE, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motorist Services, files this Administrative Complaint against Car Store of Altamonte, Inc., Respondent, and alleges: 1. Petitioner is the state agency charged with regulating the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale, pursuant to section 20.24 and Chapter 320, Florida Statutes, and Rule 28-106.2015, Florida Administrative Code. 2. Respondent is, and has been at all times material hereto, a licensed motor vehicle dealer in the State of Florida, having been issued license number VI-1051019, based upon the application identifying Michael Khanjahanbakhsh as President. The address of record is 1380 East Altamonte Drive, Altamonte Springs, Florida 32701. 3. Section 320.27(3), Florida Statutes, provides that, as a requirement for licensure, a motor vehicle dealer’s place of business must operate from a location approved by the Department that meets specified requirements. o ~ 4. Rule 15C-7.003(6)(d)9 and 12, Florida Administrative Code, provides that as a requirement of operation a motor vehicle dealer shall notify the Department in writing of a permanent closing or cessation of business at the main or any licensed supplemental location and shall report any change of address to the Department and shall receive approval for any new place of business prior to relocating the business. 5. With its application for the May 1, 2012 to April 30, 2013, licensure period, Respondent attested its place of business was its address of record. 6. On or about August 9, 2012, Compliance Examiner Rose Smith observed that Respondent’s approved location was vacant. Compliance Examiner Smith observed that there was not a dealership sign posted, the doors were locked, and there were no vehicles displayed for sale. Compliance Examiner Rose Smith made contact with the principal Michael Khanjahanbakhsh who informed Compliance Examiner Smith that the location is still active. 7. On or about November 12, 2012, Compliance Examiner Smith observed that there were several vehicles displayed for sale at the front of property in the parking area belonging to a different business. Compliance Examiner Smith observed that there was not a dealership sign posted and the doors were locked. Compliance Examiner Smith made contact with Ahmad Khanjahanbakhsh, owner of the property, and informed him that the vehicles needed to be removed from his location and returned to the licensed location. 8. As of the filing of this Administrative Complaint Respondent has not submitted a location change, has vacated the approved business location, and continues to display vehicles for sale at a location other than the licensed location. 9. Based on the foregoing, Respondent violated section 320.27(9)(b)8, Florida Statutes, by failing to continually meet the requirements of section 320.27(3), Florida Statutes, a a the licensure law, and Rule 15C-7.003(6)(d)9 and 12, Florida Administrative Code, by failing to notify the Department in writing of a permanent closing or cessation of business. 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 Office of the General Counsel 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 Office of the General Counsel by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material allegations of fact you are disputing -- a general denial is not sufficient -- and ensuring that the Office of the General Counsel 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 Office of the General Counsel 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, and the signed Agreement for Voluntary Revocation of Licensure 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. This document has been served on you by hand delivery, certified mail, or publication. All subsequent documents, orders, notices, or related correspondence will be provided to you by email at the email address you provided to the Department in your license application(s). In the event that no email address was provided in your license application(s), regular US mail will be utilized. If you provided the Department with an email address in your license application(s) you should check your email on a regular basis if an Administrative Complaint or Order of Emergency Suspension has been filed and served on you. Pursuant to section 120.573, Florida Statutes, mediation is not available for this proceeding. 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, and/or any other relief deemed appropriate. Roa Dennis S. Valente Assistant General Counsel Florida Bar # 344818 Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A430 Tallahassee, Florida 32399 Telephone: (850) 617-3006 Filed in the official records of the Division of Motorist Services this 72 day of March, 2013. DSV:jde Copies furnished: Donn Lund Regional Administrator Dealer Licensing By certified mail to: a Michael Khanjahanbakhsh, President Car Store of Altamonte, Inc. 406 Lillian Drive Orlando, Florida 32806 Michael Khanjahanbakhsh, President Car Store of Altamonte, Inc. 425 Devon Place Heathrow, Florida 32746

Docket for Case No: 13-001185

Orders for Case No: 13-001185