Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: JAMES LOY COOK
Judges: ROBERT J. TELFER III
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Aug. 29, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 16, 2019.
Latest Update: Dec. 22, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
CLERK = Evetfie Lawson-Proctor
Date 3/5/2019
STATE OF FLORIDA File #
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2018-008596
ECLB
JAMES LOY COOK,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation (“Petitioner”) files this
Administrative Complaint against James Loy Cook (“Respondent”), and alleges:
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 489, Florida
Statutes.
2: Petitioner has jurisdiction over the unlicensed practice of electrical contracting
pursuant to sections 455.227, 455.228, and 489.531, Florida Statutes.
3: At no time material hereto was Respondent duly registered or certified to engage
in the practice of electrical contracting pursuant to chapter 489, Florida Statutes.
4. At no time material hereto was Cook Retail Construction Services an entity
properly qualified under the provisions of chapter 489, Florida Statutes.
5. Respondent’s last known address is 601 Northwest 25th Avenue, Ocala, FL
34475.
6. On or about January 18, 2018, Respondent, D/B/A Cook Retail Construction
Services, offered, contracted, or performed regulated electrical contracting services at 303
Brandon Town Center Mall, Brandon, FL 33511.
7. Respondent offered, contracted, or performed the regulated services at issue for
compensation.
8. Section 455.227(1)(q), Florida Statutes, provides “violating... the applicable
professional practice act...” shall constitute grounds for which disciplinary actions may be taken.
9. Section 489.531(1)(a), Florida Statutes, provides “a person may not practice
[electrical] contracting unless the person is certified or registered.”
10. Based upon the foregoing, Respondent violated section 455.227(1)(q), Florida
Statutes, by practicing electrical contracting without the requisite license, in violation of section
489.531(1)(a), Florida Statutes.
WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of
the following: an administrative fine, assessment of costs related to the investigation, and/or any
other relief the Department is authorized to impose pursuant to chapters 455 and 489, Florida
Statutes, and the rules promulgated thereunder.
(SIGNATURE PAGE FOLLOWS)
Signed this Ist day of March , 2019.
HALSEY BESHEARS, Secretary
Department of Business and
Professional Regulation
By: /s/W. in Vogel
W. Justin Vogel
Florida Bar No. 112261
Assistant General Counsel
Office of the General Counsel
Department of Business and
Professional Regulation
2601 Blair Stone Road -
Tallahassee, FL 32399-2202
Ph: (850) 717-1795
wjustin.vogel@myfloridalicense.com
PC Found: 3/1/19
By: DBPR
NOTICE OF RIGHTS
Please be advised that mediation under section 120.573, Florida Statutes, is not available
for administrative disputes involving this type of agency action.
Please be advised that 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. Any request for an administrative proceeding to challenge or contest the
charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida
Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if
Respondent fails to request a hearing within 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 Respondent in
addition to any other discipline imposed.
Docket for Case No: 19-004626
Issue Date |
Proceedings |
Oct. 22, 2019 |
Undeliverable envelope returned from the Post Office.
|
Oct. 16, 2019 |
Order Relinquishing Jurisdiction Closing File. CASE CLOSED.
|
Oct. 08, 2019 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Sep. 11, 2019 |
Undeliverable envelope returned from the Post Office.
|
Sep. 03, 2019 |
Order of Pre-hearing Instructions.
|
Sep. 03, 2019 |
Notice of Hearing by Video Teleconference (hearing set for October 30, 2019; 9:00 a.m.; Gainesville and Tallahassee, FL).
|
Sep. 03, 2019 |
Joint Response to Initial Order filed.
|
Aug. 30, 2019 |
Notice of Petitioner's First Request for Admissions, Production, and Interrogatories filed.
|
Aug. 29, 2019 |
Initial Order.
|
Aug. 29, 2019 |
Election of Rights filed.
|
Aug. 29, 2019 |
Administrative Complaint filed.
|
Aug. 29, 2019 |
Agency referral filed.
|