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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUREAU OF ELEVATOR SAFETY vs RONALD THERRIAULT, 14-000413PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000413PL Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUREAU OF ELEVATOR SAFETY
Respondent: RONALD THERRIAULT
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Jan. 23, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 19, 2014.

Latest Update: Nov. 15, 2024
O ‘- State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants Bureau of Elevator Safety DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Ws. Certificate Number: 1 RONALD THERRIAULT File Number: 245 Respondent, License Type: 2104 / Case Number: 2013041721 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND. RESTAURANTS, BUREAU OF ELEVATOR SAFETY, (“Petitioner”), files this Administrative Complaint against RONALD THERRIAULT, ("Respondent’}, and says: 1, Petitioner is the state agency charged with regulating the operation, installation, maintenance, and inspection of elevators, pursuant to Section 20.165 and Chapter 399, Florida Statutes. 2. Respondent is, and has been at all times material hereto, subject to the jurisdiction of the Bureau of Elevator Safety, Division of Hotels and Restaurants. The respondent's business address of record is P O BOX 2890, YULEE, FL 32041. The mailing address of record is RONALD THERRIAULT, P O BOX 2890, YULEE, FL 32041; 3. Investigation revealed violations of the provisions of Chapter 399, Florida Statutes, and / or the rules promulgated thereto governing the operation, installation, maintenance, and inspection of elevators. The violation(s) found and applicable law are described in Exhibit “A", attached hereto and incorporated by reference. Inspection documents are attached as Exhibit “B”, Exhibit “C” and Exhibit “D", incorporated herein by reference. : WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense; suspension, revocation, and/or any other relief authorized by Chapter 399, Florida Statutes, or the rules promulgated thereto. Signed November 20, 2013 By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexter, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Certified Article Number Tallahassee, Florida 32399-2202 PilO0 3401 9845 L441 e201 Certificate Of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD. | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to RONALD THERRIAULTon this day of , 2013. Received by: Division Employee's Signature Respondent's Signature Title Title Case Number. 2013041721 License Type: 2104 File Number: 245 Certificate Number: 1 RONALD THERRIAULT Form revised 10.06.14 a 0 Exhibit A [tis alleged that on July 29, 2013, the Respondent was in violation of Florida Statute 399 (FS) and/or the Rules of the Division of Hotels and Restaurants, Bureau of Elevator Safety, Florida Administrative Code (FAC), in the following particulars. 4. 399.049 (1) The department may suspend or revoke an elevator inspector certification... issued under this chapter or impose an administrative penalty of up to $1,000 per violations upon any registered elevator company or certificate holder who commits any one or more of the following violations: (g) Engaging in fraud or deceit, negligence, incompetency, or misconduct in the practice of the profession. On June 04, 2013, State Inspector Roy L. Finklea inspected elevator license number 99652, located at Duval County Public Schools Police Station, 1720 Landsdowne Drive, Jacksonville, FL 32211. During the inspection there were three violations noted. The violations were provide for enclosure to protect machine space from weather, provide permanent machina space lighting with switch and duplex receptacle GFCI in machine space and self closing machine space door not provided. On July 29, 2013, the Respondent performed an inspection of the elevator bearing serial number 99652, tocated at Duval County Public Schools Police Station, 1720 Landsdowne Drive, Jacksonville, FL 32211. The Respondent noted in the inspection form, cleared up violations from State Monitoring and did not cite any violations, thus allowing the elevator to be used by the riding public. On September 19, 2013, the Respondent was re-inspected by State Inspector Finklea. The violations found during the initial inspection had not been corrected and two additional violations were noted. The violations were enclosure fo protect machine space from weather, provide permanent machine space lighting with switch and duplex receptacle GFCi in machine space and self closing machine space door not provided. The two additional violations that were found are no fire extinguisher and sump and pump provided daes not have oil/water separator. Exhibit B . Inspection document(s) are attached as Exhibit “B”, and incorporated herein by reference. Exhibit C Inspection document(s) are attached as Exhibit “C*, and incorporated herein by reference. Exhibit D Inspection document(s) are attached as Exhibit “D”, and incorporated herein by reference. Case Number: 2013041721 License Type: 2104 File Number: 245 Certificate Number: 1 RONALD THERRIAULT Form revised 10.06.41

Docket for Case No: 14-000413PL
Source:  Florida - Division of Administrative Hearings

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