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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs JAMES LOY COOK, 19-004626 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-004626 Visitors: 19
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
Source:  Florida - Division of Administrative Hearings

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