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STATE Oli' FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAI REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

V. Case No. 2009-059624

GAVIN H. ABADI,

Respondent. /

ADMINISTAATIVE COMPLAINT

The Department of Business and Professional Regulation I"Petitioner") f il-es thi:a Admini:atrative Complaint before the Board of Auctioneers against Gavin H. Abadi ("Respondent" I and alleges:

l. Petitioner is the state agency charged with regulating the practice of auction businesses and auctioneers, pursuant to Section 20.165, Florida Statute:a, and Chapters 455 and 468, Part VI, Florida Statutes.

1. At all time:a material to this Complaint, Re:apondent was licensed to practice Auctioneering within the State of Florida pursuant to Chapter 468, Part VI, Florida Statutes, having been issued license number AU 3400.

2. Respondent's addre:a:a of record with Petitioner is 2065 Peachtree Industrial Court, Suite 203, Atlanta, Georgia 30341.

   
   

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3. On or about October 24, 2009, Respondent advertised an auction in the Broward Edition of the Sun Sentinel newspaper.

5, On or about October 25, 2009, Respondent held the

auction, which Craig Steven Prickett (''Prickett'') attended.

6. While at the auction, East Coast Financial assigned Prickett a bidder number.

7, Prickett purchased items at the auction.

1. East Coast Financial invoiced Prickett's purchases,

2. Prickett' s credit card sales receipt also listed East Cost Financial as the merchant.

3. East Coast Financial was not licensed as an auction

   business until December 14, 2009.

4. Section 468.389(1)(j), Florida Statutes, subjects a licensee discipl:i.ne for "[v]iolating a statute or administrative rule regulating practice under this part or a lawful disciplinary order of the board or department."

5. section 468. 388(4), Florida Statutes, states "[el ach auction must J:,e conducted by an auctioneer who has an active license or by an apprentice who has an active apprentice auctioneer license and who has received prior written sponsor consent. Each auction must be conducted under the auspices of a licensed auction business. Any auctioneer or apprentice auctioneer conducting an auction, and <1-ny auction business under whose auspices such auction is held, shall be responsible for

   
   

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   determining' that any auctioneer, apprentice, or auction business with whom they are associated in conducting such auction has an active Florida auctioneer, apprentice, or auction business

   licens e. 11

   
   

6. Based on the facts set forth above, Respondent violated Section 468,389(1) (j), Florida Statutes, through a violation of Section 468,388(4), Florida Statutes, by operating under the auspices of East Coast Financial before East Coast Financial was a duly licensed auction business.

l'IHE:RE:F'ORE, Petitioner respectfully requests the Board enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine not to exceed one thousand dollars ($1,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation, re:striction of Respondent's authorized scope of practice, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455 and/or 468, Part VI, Florida Statutes, and/or the rule::; promulgated thereunder.

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Signed this 7th day of September 2010.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

PC Found: PC By:

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9/3/10

L Parson

By: £eCfi.ea C. Parson

LeChea Parson

Assistant General Counsel Florida Bar No. 0016869 Department of Business and

Professional Regulation

Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 410-1537 Telephone

(850) 414-6749 Facsimile

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NO'I'ICE OF RIGHTS

Respondent has 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 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 Dep(artment when there i.s 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.

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Docket for Case No: 11-001637