sin alia against J OSEPH Ww. CHAVEZ, (Respondent), and says: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 99-08797 JOSEPH W. CHAVEZ, Respondent. / ADM TIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, " ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, _ ” Petitioner i is s the state agency charged with regulating the practice ‘of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent i is, , and has been at all times material hereto, a Certified Atr ir Conditioning Contractor, in the Stat id; “havi vin been issued license number cA 051765 3. Respondent's last known address i is 5110 Brian Blvd., Boynton Beach, Florida 33437. 4. At all times material hereto, Respondent was the qualifying agent for Cool Air Services, Inc., QB 0004609. 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about August 2, 1998, Respondent entered into a contract with Matie Crivellone (hereinafter "Crivellone"), whereby Respondent was to install a new 3-ton High Efficiency Rheem/W. eatherking Air Handler at Crivellone's home located at 2831 SW 13" Court, Boynton Beach, Florida. 7. The contract price was $1000.00, of which amount Crivellone paid Respondent in . full. 8. On or about September 10, 1999, Respondent was issued a Correction Notice by the Boynton Beach Building Department Mechanical Inspector for not obtaining the required mechanical and electrical permits prior to installing the new air handler. - 9. On or about February 22, 2000, Respondent obtained the required mechanical and electrical permits for the installation of Crivellone's new air handler, but no inspections have been performed. . COUNT I 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 11. Based on the foregoing, Respondent violated Section 489.129(1)(p), Florida Statutes , (1997), by proceeding on a job without obtaining applicable local building department permits and inspections. COUNT II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489.129(1)(n), Florida Statutes (1997), by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require _ financial restitution to a consumer, impose an administrative fine not to.exceed $5,000 per violation, . require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that . the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 2 : . Harrell Interim Ilead Construction Attorney FILED. Department of Business and Professional Regulation DEPUTY CLERK rose» WE TTT BOLO COUNSEL FOR DEPARTMENT: Theodore R. Gay Senior Attorney and Erica D. Glover Senior Attorney Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 EDG/bjb "Case # 99-08797

Docket for Case No: 01-002527PL