Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTORS LICENSING BOARD
Respondent: VICTOR LOTH, D/B/A HARDWIRE ELECTRICAL SERVICES, INC.
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Apr. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 24, 2010.
Latest Update: Dec. 23, 2024
FILED
Deparonent-oF Horas aiid Profentioned Regulation
Deputy Agancy Glerk
CLERK Brandon Nichols
Oke 2/9/2010
Fila #
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS’ LICENSING BOARD
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vv. Case Number 2009-004269
VICTOR LOTH
d/b/a HARDWIRE ELECTRICAL SERVICES, INC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Business and Professional
Regulation (“Petitioner”), files this Administrative Complaint
before the Electrical Contractors’ Licensing Board, against
Victor Loth d/b/a Hardwire Electrical Services, Inc.
(“Respondent”), and says:
1. Petitioner is the state agency charged with regulating
the practice of electrical contracting pursuant to section
20.165, Florida Statutes, and chapters 455 and 439, Part II,
Florida Statutes.
2. Respondent is, and has been at all times material
hereto, a CERTIFIED ELECTRICAL CONTRACTOR in the State of
Florida, having been issued license number ER 13012651,
3, Respondent’s address of record is 5803 Seagrape Drive,
Ft. Pierce, Florida 34982.
Document in Unnamed 1]
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4. On February 21, 2006, Respondent contracted with Jon
R. Flichtelman (“Flichtelman”) to install a 25 KW Electrical
Generator in Flichtelman’s residence located at 1212 Castaway
Cove Boulevard, Vero Beach, Florida for a total contract price
of $15,133.00.
5, Respondent commenced work on the project, then filed
an application for a permit to install the generator with the
Indian River County Building Department on April 3, 2006.
6. Respondent completed the installation in May 2006,
7. The permit was not issued until June 11, 2008.
8, Section 489,533 (1) (x), Florida Statutes, states that
“proceeding on any job without obtaining applicable local
building department permits and inspections shall constitute
grounds for disciplinary actions as provided in subsection (2).”
9. Based upon the foregoing, Respondent has violated
Section 489.533(1) (r), Florida Statutes, by failing tc obtain a
permit prior to installing an electrical generator in a
residential property.
WHEREFORE, Petitioner respectfully requests the Electrical
Contractors’ Licensing Board enter an Order imposing one or more
of the following penalties: place on probation, reprimand the
licensee, revoke, suspend, deny the issuance or renewal of the
certificate or registration, require correction, impose an
administrative fine not to exceed $5,000 per violation, require
Document in Unnamed 2
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continuing education, assess costs associated with investigation
and prosecution, impose any or all penalties delineated within
chapters 455 and 489 Part II, Florida Statutes, and/or any other
relief that the Board is authorized to impose pursuant to
chapters 469 and 455, Florida Statutes, and/or the rules
promulgated thereunder.
Signed this 27th day of January, 2010,
CHARLIE LIEM, Interim Secretary
Department of Business and
Professional Regulation
By: LeChea C. Parson
LeChea C. Parson
Assistant General Counsel
Florida Bar No. 0016869
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monree Street, Ste, 42
Tallahassee, FL 32399-2202
(B50) 410-1537 Telephone
(850) 414-6749 Facsimile
PC Found: 1/20/2010
PC Found By: Bellemare, Bramlett, Tibbs
LP/cag
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NOTICE OF RIGHTS
Respondent has the right to request a hearing to he
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 subpoenas and
subpoenas duces tecum issued on his or her behalf if a hearing
is requested, Rule 28-106.111, Florida Administrative Code,
provides in part that if Respondent fails to request a hearing
within twenty-one (21) days of receipt of an agency pleading,
Respondent waives the right to request a hearing on the facts
alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of this
matter. Pursuant to Section 455.227(3) (a), Florida Statutes,
the Board, or the Department when there is no Board, may assess
costs related to the investigation and prosecution of the case
excluding costs associated with an attorney's time, against the
Respondent in addition to any other discipline imposed.
Dagument in Unnamed 4
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Docket for Case No: 10-001790
Issue Date |
Proceedings |
May 24, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
May 24, 2010 |
Petitioner's Second Motion to Relinquish Jurisdiction filed.
|
May 20, 2010 |
Order Denying Motion to Relinquish.
|
May 20, 2010 |
Motion to Relinquish Jurisdiction filed.
|
May 18, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
|
May 18, 2010 |
Petitioner's Witness List filed.
|
Apr. 23, 2010 |
Petitioner's First Request for Production of Documents filed.
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Apr. 23, 2010 |
Petitioner's First Request for Admissions filed.
|
Apr. 12, 2010 |
Order Directing Filing of Exhibits
|
Apr. 12, 2010 |
Order of Pre-hearing Instructions.
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Apr. 12, 2010 |
Notice of Hearing by Video Teleconference (hearing set for May 25, 2010; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Apr. 07, 2010 |
Petitioner's Response to Initial Order filed.
|
Apr. 02, 2010 |
Initial Order.
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Apr. 01, 2010 |
Administrative Complaint filed.
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Apr. 01, 2010 |
Service of Administrative Complaint filed.
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Apr. 01, 2010 |
Election of Rights filed.
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Apr. 01, 2010 |
Administrative Complaint filed.
|
Apr. 01, 2010 |
Agency referral filed.
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