STATE OF FLORIDA : ; v4 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR ventc.is. woes DIVISION OF MOTOR VEHICLES Ay DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION pa OOF MOTOR VEHICLES, Petitioner, Case No.: DMV-05-640 License No.: VI-27813 Vv. CAR MECHS, INC., OS - X03 3- Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Car Mechs, 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 Rules 15-2.001 and 28-107.004, Florida Administrative Code. 2. Petitioner also has the authority to impose remedies for section 559.921(4), Florida Statutes, against motor vehicle repair shops registered with the Department of Agriculture and Consumer Services who are also motor vehicle and recreational vehicle dealers licensed under chapter 320. 3. Respondent is, and has been at all times material hereto, a licensed independent motor vehicle dealer in the State of Florida, having been issued license number V1-27813, based upon the application identifying Abir Halleak, as President of the dealership. The address of record is 920 Highway 17-92 North, Longwood, Florida 32750. 4. Respondent also is, and has been at all times material hereto, a motor vehicle repair shop registered with the Department of Agriculture and Consumer Services, pursuant to Chapter 559, Florida Statues and engaged or attempting to engage in the business of motor vehicle repair work. COUNT ONE 5. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 6. On or about March 8, 2005, Valentina Realin entered into an agreement with Car- Mechs to have piping and muffler replaced on her 2000 Toyota Celeca GT. 7. The repair cost exceeded $100.00 and Car-Mechs did not provide Ms. Realin with a written estimate as required by Statute. 8. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 559.905(1), Florida Statutes, by failing to prepare a written estimate and provide disclosures prior to the work being conducted. COUNT TWO 9. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, and six, above. 10. After repairs were made Respondent provided Ms. Realin an invoice charging $300.00 to replace the muffler and piping from the headers to the rear of the vehicle. 11. On or about March 9, 2005, Ms. Realin returned to Car Mechs because the engine check light was on. 12. Onor about March 12, 2005, Car Mechs conducted a vehicle diagnostic test on Ms. Realin’s vehicle which indicated that the vehicle had no catalytic converter. 13. Ms. Realin attempted to get Car Mechs to replace the catalytic converter that she felt they removed. Car Mechs refused stating that they did not remove the catalytic converter and they only replaced piping from the muffler to the rear of the vehicle. 14. On or about June 16, 2005, Kraig Allen, Investigator for the Department of Agriculture and Consumer Services conducted an on-site investigation at Car Mechs. Investigator Allen interviewed Mo Halleak, who alleged that he did not do anything to the catalytic converter and only replaced the muffler and piping from the muffler to the rear of the vehicle. This statement is inconsistent with the invoice that was produced on March 8, 2005, which states the piping was to be replaced from the headers to the rear of the vehicle. 15. | Car Mechs charged Ms. Realin $300.00, to replace the piping system from the headers to the rear of the vehicle, and by their own admission, only replaced the piping from the muffler to the rear of the vehicle. 16. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 559.920(3), Florida Statutes, by misrepresenting that repairs had been made to a motor vehicle, whereas Car Mechs was paid to replace the muffler and piping from the headers to the rear of the vehicle, but only replaced piping from the catalytic converter to the rear of the vehicle. 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 twenty-one (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 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 Motor Vehicles Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present either 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 Department by checking the appropriate space, marked as “1” on the Election of Rights form and ensuring 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 Department by checking the appropriate space, marked as “2” on the Election of Rights form, specifyin ial allegations of fact you are disputing and ensuring the Department 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 Department 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 the Department receives it, along with arly required check made payable to the Division of Motor Vehicles, and the signed Settlement Stipulation 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. 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 independent motor vehicle dealer license number VI-27813, impositicn of an administrative fine, and/or any other relief deemed appropriate. ? Xe clus all), f Pal _ Carl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 Filed in the official records of the Division of Motor Vehicles this 25% day of August, 2005. CAF:gmw Copies furnished: Donn Lund Regional Administrator Dealer Licensing By certified mail to: Abir Halleak, President Car Mechs, Inc. 920 Highway 17-92 North Longwood, Florida 32750 Abir Halleak, President Car Mechs, Inc. 5642 Catskill Court Winter Springs, Florida 32708-5078 Tony McDowell, Investigations Supervisor Bob Crawford Agricultural Center 605 E. Main Street Bartow, Florida 33830 g:\dir\hearingofficer\2005\carmechsinc\ac

Docket for Case No: 05-003652