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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs JAMES BYARS, 02-001081PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001081PL Visitors: 8
Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: JAMES BYARS
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Law Enforcement
Locations: Miami, Florida
Filed: Mar. 15, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 31, 2002.

Latest Update: Jun. 02, 2024
te te lil i ali ce eh alli STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINI. COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 16838 James Byars, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative _ Complaint against the Respondent, James Byars. The Commission seeks to impose disciplinary action upon the referenced individual based on the following allegations: . i. Respondent was certified by the Criminal Justice Standards” and Training Commission on October 30, 1995, and was issued Law Enforcement Certificate Number 157211. ncn oe 2. On or about June 21, 2000, the Respondent, James Byars, did unlawfully and knowingly make a false statement in writing with the nasi tetg Feat a asd Seng intent to mislead Sgt. Kelly Reid, a public servant, performance of Sgt. Kelly Reid's official duty. 3. The actions of the Respondent did violate the provisions of Section 837.06 or any lesser included offensés, “Séetion “S43 1355 TC and/or (7), Florida Statutes, and/or Rule 11B-27.0011(4} (b), Florida hkl eats i lle a eran fe ie vial eakdlads eae lil a iil ili, ik sina li i she kk HM i lt nk he qualifications established in Section 943.13(7), Florida Statutes, which require that a Law Enforcement Officer in the State of Florida have good moral character. 4. This Administrative Complaint is issued pursuant to Sections 120.60, and 943.1395(6) and/or (7), Florida Statutes. Any proceedings concerning this Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rules 11B-27, 28-106, and 28-107, Florida Administrative Code. Mediation is not available under Section 120.573, Florida statutes. WHEREFORE, it is alleged that the Respondent, James Byars is guilty of violating Sections "943.1395 (6) and/or (7), and/or 943.13(7), Florida Statutes, and/or Rule 11B+27.0011(4) (b), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against James Byars and alleges that an appropriate penalty, as provided in Section 943.1395(6) and/or (7), Florida statutes, should be imposed for the reasons set forth above and in accordance with the Election of Rights form (to which is attached an Explanation of Rights form) attached hereto and incorporated herein. BY ORDER OF THE CRIMINAL JUSTICE STANDARDS AND ‘TRAINING COMMISSION THIS DAY OF JUNE, 2001. ROD CASWi L, PrOgram Director Criminal Justice Professionalism Program va sia. wb ee ee i a A Re RR MB AMA NM Nl A I i i ll le i Rs aces alk Rl i Oe kg CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section 120.569, Florida Statutes, this [st day of June, 2001, to James Byars, at 2045 Northwest 86th Street, Miami, Florida 33147. /wrb C4eR ROD CASWELL, Program Director cc: Miami Beach Police Department Ronald J. Cohen, SENDER: UE! "Complete items 33a 4nd card to permit, 3. Article Addressed to: James Byars 2045 Northwest 86th Strect Miami, Florida 33148 completed on the reverse side? Is your RE =Complete items. 1 and/or 2 or acaional services. - =Print ee ftame and address on the reverse 6 Of this form 80 ‘that wa can retum this extra fee): wAttach ie form to the front of the maiiptece, or on the back if space does not aWiite "Retum Receipt Requested’ on the mailpiece below the article number. ®The Retum Receipt will show to whom. the article was delivered and the date Esquire [also wish to receive the following services (for an 1. C1 Addressee’s Address 2. 2 Restricted Delivery Consult postmaster for fee. 4a. Article 3 ¢ 2 4b. Service 33 0) Registered D Certified 0 Express Mail 0 insured ( Retum Receipt for Merchandise [] COD 7. Date of Delivery foe—[ 2-A| 8. Addressee’s Address (Only if requested and fee is paid) Thank you for using Return Receipt Service. 102505-97-8-0179 Domestic Return Receipt

Docket for Case No: 02-001081PL
Issue Date Proceedings
Jul. 31, 2002 Order Closing File issued. CASE CLOSED.
Jul. 31, 2002 Petitioner`s Motion to Relinquish Jurisdiction and to Cancel Hearing (filed via facsimile).
Jul. 25, 2002 Petitioner`s Notice of Substitution of Counsel (filed via facsimile).
Jul. 24, 2002 Amended Notice of Video Teleconference issued. (hearing scheduled for August 1, 2002; 9:00 a.m.; Miami and Tallahassee, FL, amended as to video, location, and time).
Jul. 12, 2002 Notice of Hearing issued (hearing set for August 1, 2002; 10:00 a.m.; Miami, FL).
Jul. 11, 2002 CASE STATUS: Hearing Partially Held; continued to date not certain.
Jul. 10, 2002 Letter to Judge Rivas from J. Byars regarding requesting a continuance (filed via facsimile).
Jul. 05, 2002 Amended Notice of Video Teleconference issued. (hearing scheduled for July 11, 2002; 9:00 a.m.; Miami and Tallahassee, FL, amended as to video, location, and time).
Jun. 17, 2002 Order Granting Motion to Withdraw as Counsel issued.
Jun. 17, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 11, 2002; 9:30 a.m.; Miami, FL).
Jun. 14, 2002 Petitioner`s Emergency Motion to Continue (filed via facsimile).
Jun. 03, 2002 Motion to Withdraw as Counsel (filed by Respondent via facsimile).
May 17, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 24, 2002; 9:30 a.m.; Miami, FL).
May 07, 2002 Motion for Conrtinuance filed by Respondent.
Apr. 01, 2002 Order of Pre-hearing Instructions issued.
Apr. 01, 2002 Notice of Hearing issued (hearing set for May 23, 2002; 9:30 a.m.; Miami, FL).
Mar. 18, 2002 Initial Order issued.
Mar. 15, 2002 Administrative Complaint filed.
Mar. 15, 2002 Election of Rights filed.
Mar. 15, 2002 Request for Assignment of Administrative Law Judge filed.
Source:  Florida - Division of Administrative Hearings

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