STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, L) /: 7 “up TAB vs. FDACS CASE NO. 2001-0490 Registration No. MV-08314 VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, files this administrative complaint against Respondent, VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. and alleges as follows: GENERAL ALLEGATIONS 1. Petitioner, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (hereafter DEPARTMENT), is an agency of the State of Florida with the authority to enforce the provisions of Sections 559.901-559.9221, Florida Statutes cited as the “Florida Motor Vehicle Repair Act”. 2. Respondent, VASGEN EUROPEAN AUTO SALES AND REPAIR, INC., is located at 6207 Beach Boulevard, Jacksonville, Duval County, Florida. 3. VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. is a motor vehicle repair shop as defined by Section 559.903(7), Florida Statutes. re 4. VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. is currently registered with the Department as a motor vehicle repair shop pursuant to Section 559.904, Florida Statutes. The registration number is MV-08314. 5. VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. is currently doing business as a motor vehicle repair shop. 6. Section 559.921(4), Florida Statutes (1999), authorizes the Department to impose penalities, which may include the imposition of a fine not to exceed $1,000 per violation, revoking or suspending a registration, probation, or other penalties ifthe Department finds a motor vehicle repair shop has, among other acts, violated any provision of the Florida Motor Vehicle Repair Act. SPECIFIC ALLEGATIONS OF VIOLATIONS | COUNT 7. Between February 16, 2000 and April 2000, VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. performed repairs to a 1997 Ford Mustang automobile, VIN# IFALP4049VF 146796, owned by Rebekah Harper and Evans Prud’homme. . 8. The airbag systems of the owners’ motor vehicle had to have parts replaced due to damage. 9... The owner’s (Rebekah Harper) insurance company paid Respondent $1,181,00 to install new OEM (Original Equipment Manufacture) replacement airbags, driver side and passenger side, including sensors pursuant to a repair estimate or appraisal. 10. VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. provided used/salvaged or otherwise non-OEM airbags in the repair of said m ehicle. 11. The owners and the insurer for the repair did not authorize substitution of used/salvaged or otherwise non-OEM airbags for new parts as provided in the repair estimate or appraisal. ; 12, Asaresult, VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. and his employees or his agents violated the Florida Motor Vehicle Repair Act, §559.920(10), Florida Statutes (1999), by substituting “used, rebuilt, salvaged, or straightened parts for new replacement parts without notice to the motor vehicle owner and to her or his insurer if the cost of repair is to be paid pursuant to an insurance policy and the identity of the insurer or its claims adjuster is disclosed to the motor vehicle repair shop.” COUNT IT 13. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 14. Respondent agreed to repair said motor vehicle in accordance with the specifications of the motor vehicle insurer. 15. The substitution of parts without notice to the owner and insurer constitutes a fraud or misrepresentation in violation of the Florida Motor Vehicle Repair Act, §559.920(17), Florida Statutes (1999). . COUNT II . 16. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 17. On August 02, 2001, a law enforcement investigator employed by the Department requested that Respondent provide invoices for the repair work that was done on the 1997 Ford Mustang but failed to provide them. 1 8. VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. and his employees or his agents violated the Florida Motor Vehicle Repair Act, §559.915, Florida Statutes (1999), by failing to maintain repair records and invoices. eee tr: gree? emma SRE TORR pe pene geprercgeme ne COUNT IV 19. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 20. VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. failed to prepare written estimates for the repairs made to the consumers’ motor vehicle in violation of §559.905(1), Florida Statutes (1999), COUNT V 21. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 22. | VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. failed to provide invoices to the owners of the motor vehicle for repairs in violation of §559.91 1, Florida Statutes (1999). COUNT VI 23. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 24. | VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. failed to obtain authorization from the owners of the motor vehicle for actual repairs performed not consistent with the insurer estimates in violation of §559.920(2), Florida Statutes (1999). COUNT VIL 25. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 26. VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. misrepresented that it made certain repairs or replaced certain parts consistent with the insurer estimates in violation of §559.920(3), Florida Statutes (1999). COUNT VIII 27. Petitioner re-alleges the allegations of paragraphs 1-12, 14-15, 17-18, 20, 22, 24 and 26. 28. Respondent’s use and substitution of the parts as described without notice to the owner or insurer, failure to provide written estimates and repair invoices to the owners, and failure to maintain -4. RTE Ree cee ee ae appropriate repair records constitutes a willful departure from or disregard of accepted practices and professional standards in violation of §559.920(13), Florida Statutes (1999). PROPOSED AGENCY ACTION WHEREFORE, Respondents are hereby notified that the Commissioner of Agriculture and Consumer Services intends to enter a Final Order for one or more of the following: (A) (B) © () revocation of Registration Number MV-17149. suspending the registration. directing that the motor vehicle repair shop cease and desist specified activities. an administrative fine in an amount of $1,000.00 per violation, for a total of $8,000. NOTICE OF RIGHTS YOU HAVE THE RIGHT, UNDER SECTION 120.57, FLORIDA STATUTES TO CONTEST THE CHARGES THAT HAVE BEEN ALLEGED IN THIS ADMINISTRATIVE COMPLAINT. PLEASE REFER TO THE ATTACHED TWO PAGE NOTICE OF RIGHTS. YOU HAVE THE RIGHT TO ASK FOR A HEARING IMMEDIATELY AND NOT WAIT 21 DAYS TO REQUEST THE HEARING. th Dated this [4 day of Novem bey , 2001. CHARLES H. BRONSON COM SIONER OF AGRICULTURE ASSISTANT COMMISSIONER FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES eee eggs eager pes eerie pe oe — CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and oven copy of the foregoing Administrative Complaint has been served on _Ne- Vasgen Varlantan Title:_DWnerc of VASGEN EUROPEAN AUTO SALES AND REPAIR, INC. by hand delivery at 6207 Beach Boulevard, Jacksonville, Duval County, Florida on this_ Je 74 day of November, 2001. Name: Title: Lasw® EnGrcemen’ Inv. TE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTICE OF RIGHTS AND HEARING REQUEST Hearing Availability: You have the right to contest the Department’s determination by timely requesting an informal hearing. An informal hearing is available whether or not material facts are in dispute. In lieu of an informal hearing you may request a formal hearing if and only if you can show a dispute as to a material fact or facts of the Department’s determination. Mediation pursuant to Section 120.573, Florida Statutes, is not available. Informal Hearing: At an informal hearing you will be afforded an opportunity to explain your position, ask questions of the Department’s representative, describe extenuating or mitigating circumstances, submit documents, offer any oral or written statement, or have other persons speak on your behalf. If you choose not to appear in person or by telephone conference, you may still submit affidavits and documents in support of your position. Formal Hearing: Formal hearings are much like non-jury trials and are generally held before an administrative law judge. Parties will be afforded an opportunity to make opening statements, followed by evidentiary presentations and closing arguments. You will ordinarily be required to appear in person. Deadline: Your request for hearing must be received by the Department at the return address below no later than 21 days from your receipt of this Notice. If your request is not timely filed, your right to a hearing will be waived and the Department will enter a final order revoking, suspending, or canceling any applicable license, registration, permit, certificate, exemption, or other form of authorization you may previously have been granted by the Department, and imposing the maximum fines and other penalties authorized under Florida law. The Department may also seek additional remedies in court. Hearing selection: | Please check whether you want an informal or formal hearing: {] Thereby request an INFORMAL HEARING. Even if there are disputed issues of material fact, you may still choose to proceed on an informal basis. For your informal hearing, please check only one: [] I wish to appear in person. [] I wish to participate by telephone conference. [] I wish to submit affidavits and documents only. {] Thereby request a FORMAL HEARING. A formal hearing is available only if you can show a dispute as to a material fact or facts of the Department’s determination. peepreecrset ee Please type or print all information required below : Name: Telephone Address: Business Name: Telephone Business Address: Name of Legal Counsel or Qualified Representative: Address: Telephone Please state when and how you received notice of the Department’s decision in this matter. Provide a brief statement explaining how your substantial interests will be affected by the Department’s determination. Provide a concise statement of the ultimate facts alleged, as well as the rules and statutes entitling you to relief. Please briefly describe the relief you are seeking. If you request a formal hearing you must list all disputed issues of material fact here. Signature: Date: Title if signing for a corporation: RETURN TO: | William N. Graham, Senior Attorney Department of Agriculture and Consumer Services Office of the General Counsel Room 515, Mayo Building Tallahassee, Florida 32399-0800 re ee Sg Em pete spore re meme cree we ep

Docket for Case No: 01-004763