by STATE OF FLORIDA Z . DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES ty, &p Mp DOAH CASE NO.: 08-3903 ny, 8 4 DMV CASE NO.: 09-0570 “Om isyy, *Oy FINAL ORDER #: HSMV-09-392-S-DMV Ag 45784 Qe (-) Welly PEACE INDUSTRY GROUP, INC. AND s NEW WAVE CYCLE, INC., Petitioners, vs. JOHN T. FAULKNER D/B/A FAULKNER MOTORSPORTS, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, an Administrative Law Judge of the Division of Administrative Hearings, for the Respondent’s failure to establish standing, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Accordingly, it is ORDERED and ADJUDGED that Petitioner, New Wave Cycle, Inc., be granted a license for the sale of motorcycles manufactured by Astronautical Bashan Motorcycle Manufacture Co. Ltd (BASH) at 14813 U.S. Highway 19, Hudson (Pasco County), Florida 34667, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. ad = DONE AND ORDERED this _ J 3 day of March, 2009, in Tallahassee, Leon Lloonk PIAL CARL A. FORD, Director 7 Y Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 County, Florida. Filed with the Clerk of the Division of Motor Vehicles this 3% day of March, 2009. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. CAF:jde Copies furnished: John T. Faulkner Faulkner Motorsports 4237 U.S. Highway 19 New Port Richey, Florida 34652 Lily Ji Peace Industry Group, Inc. 6600-B Jimmy Carter Boulevard Norcross, Georgia 30071 Gary McCarthy New Wave Cycles, Inc. 14813 US Highway 19 Hudson, Florida 34667 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 R. Bruce McKibben Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 Gary Konopka Regional Administrator STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PEACE INDUSTRY GROUP, INC., AND NEW WAVE CYCLE, INC., Petitioners, Case No. 08-3903 vs. JOHN T. FAULKNER, d/b/a FAULKNER MOTORSPORTS, Respondent. ORDER CLOSING FILE On August 21, 2009, an Order to Show Cause was issued as to whether Respondent "has standing pursuant to Subsection 320.642(3), Florida Statutes (2008)" and that "failure to adequately establish standing shall result in the entry of an Order closing the file." As of this date, Respondent has failed to establish standing in this case. Based on the Order to Show Cause, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Department of Highway Safety and Motor Vehicles. DONE AND ORDERED this 20th day of January, 2009, in Tallahassee, Leon County, Florida. R. BRUCE MCKIBBEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fi.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of January, 2009. COPIES FURNISHED: John T. Faulkner Faulkner Motorsports 4237 U.S. Highway 19 New Port Richey, Florida 34652 Lily Ji Peace Industry Group, Inc. 6600-B Jimmy Carter Boulevard Norcross, Georgia 30071 Gary McCarthy New Wave Cycles, Inc. 14813 US Highway 19 Hudson, Florida 34667 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635

Docket for Case No: 08-003903