OT 16 &O Py STATE OF FLORIDA “ay AD DEPARTMENT OF HEALTH / 4, . iQ: Revocation of Septic Tank STATE HEALTH orien, 43 Contracting Authorization and ARAN Aye Imposition of an Administrative Bureau of Water and ite Penalty Sewage Programs, HSEWOS In the Matter of: State of Florida, Department of Health, FILED DEPARTMENT OF HE Office of the Clg AGENCY CLERK paTe_-3BZ1922 Petitioner, v. Arlender Miller, d/b/a, Ms. Rooter, Inc. Respondent. ee ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that twenty-one (21) days after receipt of this Administrative Complaint, the Department of Health intends to permanently revoke your license (which permitsyou to provide septic tank contracting services) as well as impose an administrative fine in the amount of One Thousand Five Hundred Dollars ($1,500.00). As of this revocation, you are required to cease offering and providing septic tank contracting services. As grounds in support thereof, the Department alleges as follows: (1) The Department, an agency of the State of Florida, has jurisdiction over this matter pursuant to Chapters 381.0065 and 489, Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. Florida Statutes. The agency rule that governs this matter is Chapter 64E-6, Standards for Onsite Sewage Treatment and Disposal Systems, Florida Administrative Code. (2) Respondent, Arlender Miller, d/b/a Ms. Rooter, Inc. (hereinafter “Miller”), is a resident of the State of Florida conducting business in Broward County. (3) The Respondent provided septic tank contracting services at 2406 SW 4224 Avenue, Fort Lauderdale, Broward County, Florida, to Jaiman Deneshwar, owner of this property. (4) As Ms. Rooter, Inc. is licensed by the Department to provide septic tank contracting services and the property is located in Broward County, Florida, this matter is within the jurisdiction of the Department. FACTS (5) On July 23, 2008, Respondent, entered into a contract with a ten (10) year warranty with Jaimani Daneshwar to install a new drainfield at the property referenced in paragraph 3 hereinabove. See Exhibit “1.” (6) Pursuant to the terms of the above-referenced contract, Mr. Daneshwar agreed to pay Respondent the sum of Six Thousand Four Hundred Dollars ($6,400.00) to Respondent for said installation. Mr. Daneshwar paid Four Hundred Dollars ($400.00) of this sum in cash and ' the balance in two payments of Three Thousand Dollars ($3,000.00) each Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. (see copies of checks dated July 23, 2008 and July 29, 2008 attached hereto as Composite Exhibit “2”). (7) On or about July 23, 2008, Miller installed the drainfield at the subject property. (8) Mr. Daneshwar has indicated to the Department that approximately three (3) months after installation of the above drainfield, the system failed. (9) Mr. Daneshwar has further indicated that since the failure of the drainfield, over a period of seven (7) days, he attempted more than two (2) dozen telephone calls to Miller, however Miller either did not answer these calls or failed to return calls from messages left by Mr. Daneshwar. (10) In October 2008, Mr. Daneshwar contracted with another septic service company, Jimmy Mack Drainfields, to make the necessary repairs to the subject drainfield. (11) On November 13, 2008, Jimmy Mack Drainfields obtained a repair permit to correct the drainfield issue at the subject property. See Composite Exhibit “3”. (12) A review of Department records on November 14, 2008 revealed that no permit for repair had been issued to Respondent relative to the subject property in July 2008, nor, consequently, had an inspection of the newly installed drainfield by Respondent been conducted by the Department. Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. (13) On December 13, 2002, Miller paid a One Thousand Dollar ($1,000.00) fine to the Department as the result of a complaint filed with the Broward County Health Department by Mr. Albert Hinds relative to his property located at 13540 SW 6th Court, Davie, Florida. Miller was assessed said fine as a consequence of his receiving a citation from the Department in 2000 for his repairing a septic system at Mr. Hinds’ property without having obtained a permit or the required inspection from the Department. See Exhibit “4”. (14) Additionally, the Miami-Dade County Health Department and Monroe County Health Department have cited and taken action against Miller on the following dates for the following violations: a. On September 22, 1999, Miller was issued a Citation for Violation by the Miami-Dade County Health Department for completing contracted work without having been issued a permit, for which Miller was fined One Thousand Dollars ($1,000.00). See Exhibit “5”. b. On December 21, 1999, Miller was issued a Citation for Violation by the Miami-Dade County Health Department for having repaired a sewage disposal system without having secured a repair permit, for which Miller was fined. See Exhibit “6”. Cc. On January 5, 2004, Miller was issued a Notice to Cease and Desist, requiring him to cease and desist all septic tank companies operating under his registration as a result of his Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. advertising multiple septic companies under his registration. See Exhibit “7”. d. In April 2007, Miller paid a fine of Two Thousand Five Hundred Dollars ($2,500.00) for two fines as the result of a citation issued in 2006 for having abandoned a contract to install a 500 gallon ATU, a 55 square foot filter box, and a 90 foot injection well as well as providing contracting services without a valid registration to do so. See Exhibit “8”. (15) The Miami-Dade Health Department currently has a Complaint pending before this tribunal as a result of Miller having been cited for overcharging, for an unnecessary dosing tank that was never installed, for deceit or negligence in not including costs in the contract for a septic tank of sufficient capacity, deceit or neglect in failing to install the minimum 2,575 gallon septic tank, and deceit or neglect by installing equal size septic tanks. DISCIPLINARY VIOLATIONS AND ACTION _(16) The facts set forth hereinabove establish that the action by Arlender Miller, d/b/a Ms. Rooter, Inc., and its principals, violated Section 64E-6.022(1)(b)1, Florida Administrative Code, which provides in pertinent part that a repeat violation relative to contracted work without a permit having been issued, resulting in missed inspection or inspections, shall result in a Five Hundred Dollar ($500.00) fine and a ninety (90) day suspension or revocation of the contractor’s license Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. (17} The facts set forth hereinabove establish that the action by Arlender Miller, d/b/a Ms. Rooter, Inc., and its principals, violated Chapter 64E-6.022(1)(f], Florida Administrative Code, which provides in pertinent part that the punishment for the repeat violation of failing to reasonably honor a written warranty is a Five Hundred Dollar ($500.00) fine and a one year suspension or revocation of the contractor’s license. (18) The facts set forth hereinabove establish that the action by Arlender Miller, d/b/a Ms. Rooter, Inc., and its principals, violated Chapter 64E-6.022(1)(k), Florida Administrative Code, which provides that the result of repeat violations of practicing fraud or deceit, making misleading or untrue representations is revocation of the contractor’s license. (19) The facts set forth hereinabove establish that the action by Arlender Miller, d/b/a Ms. Rooter, Inc., and its principals, violated Chapter 64E-6.022(1)(I)2, Florida Administrative Code, which provides that a repeat violation of gross negligence, incompetence, or misconduct which causes monetary or other harm to a customer requires a Five Hundred Dollar ($500.00) fine and revocation of the contractor’s license. (20) These violations are second occurrences and thereby subject Respondent to a suspension of his license and the issuance of an administrative fine. Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. ADMINISTRATIVE HEARING PROCESS (21) The Respondent has a right to request an administrative hearing pursuant to § 120.569(g) and 120.57, Florida Statutes; to be represented by counsel or other qualified representative; to take testimony, to call and cross-examine witnesses; to have subpoenas and subpoenas duces tecum (production of records) issued; and to present evidence or argument if she requests a hearing. (22) (a) Any hearing request or answer to this Administrative Complaint shall be made in writing and shall include the following: 1. The name and address of the party making the request, for purposes of service; i. A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; - and ili. A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. (b) Except for good cause: i. Factual matters alleged in this Compliant and not denied in the Request for Hearing shall be presumed admitted. Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. i. Failure to raise a particular defense in the Request for Hearing shall be considered a waiver of that defense. (23) This Administrative Complaint is issued pursuant to §120.57, Florida Statutes. Any administrative proceedings concerning this Complaint shall be conducted pursuant to Chapter 28-107.004, Florida Administrative Code. (24) The Respondent is given full notice of this agency action. Failure to request a hearing within twenty-one (21) days after receipt of this complaint will result in an admission of the facts alleged in this Complaint and the entry of a Final Order by the Department. If the Respondent desires to request a hearing, he/she may file a request pursuant to paragraph 6 herein and forward the request to: Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, BIN AO2, Tallahassee, Vi. wae 3. \__ Pimoth ayer Environmental Administrator Broward County Health Department Co Eh G. Co TALL vor “Judith C. Elfont, Esqvire Department of Health Broward County Health Department 780 SW 24 Street Fort Lauderdale, Florida 33315 Phone: (954) 467-4751 FAX: (954) 762-3645 Florida Bar No: 745146 Administrative Complaint State v. Arlender Miller, d/b/a Ms. Rooter, Inc. CERTIFICATE OF SERVICE | I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been sent by Certified Mail, Return Receipt Requested to: Arlender Miller, d/b/a Ms. Rooter, Inc., 640 NW 129th Street, Miami, Florida 33168; and Arlender Miller, d/b/a Ms. Rooter, Inc., 3810 S. State Road 7 #B, Miramar, Fl 33023 on this 4% day of February 2009. Gatien Pefo— Judith C. Elfont, Esq.

Docket for Case No: 09-001680