Judges: DELPHENE C. STRICKLAND
Agency: Department of Business and Professional Regulation
Latest Update: Aug. 24, 1992
Summary: Whether the registration of the Respondent, Betty Lou Haber, license #0034988 should be revoked or suspended, or whether Respondent should be otherwise disciplined.Respondent confined to prison for life following first degree murder conviction, therefore, license should be revoked for violating statute.
78-2037.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA REAL ESTATE COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 78-2037
)
BETTY LOU HABER, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice an administrative hearing was held before Delphene C. Strickland, assigned Hearing Officer of the Division of Administrative Hearings, at the Broward Correctional Institution on U.S. Route 27 in Pembroke Pines, Florida, on January 31, 1979, commencing at 1:30 p.m.
APPEARANCES
For Petitioner: Manuel E. Oliver, Esquire
400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
For Respondent: No appearance
ISSUES
Whether the registration of the Respondent, Betty Lou Haber, license #0034988 should be revoked or suspended, or whether Respondent should be otherwise disciplined.
FINDINGS OF FACT
An administrative complaint was filed by the Petitioner, Florida Real Estate Commission, on September 29, 1978, seeking to revoke or suspend or otherwise discipline Respondent Haber. The administrative complaint charged that the licensee was presently confined in a state prison. Respondent requested an administrative hearing.
A stipulation was entered by Barry A. Cohen, Esquire, the attorney for Respondent, confirming that Respondent Haber was and had been continuously confined in the Broward Correctional Institution since August 16, 1977. Said stipulation is attached hereto and made a part hereof.
Prior to the hearing a letter was received by the Petitioner, Florida Real Estate Commission, advising the Petitioner that Respondent did not intend to proceed to hearing and requesting Petitioner to close the matter. The Division of Administrative Hearings was not so notified. A copy of said letter is attached hereto and made a part hereof.
Petitioner presented the aforesaid stipulation and aforesaid letter and a witness at the hearing. The witness, Martha Iglesias, Inmate Records Supervisor for the Broward Correctional Institution, testified that Respondent Haber was an inmate of said institution, having been found guilty by a jury of First Degree Murder in Case #75-518 in the Circuit Court in and for Hillsborough County, Florida, and sentenced to be imprisoned in the State Penitentiary for a period of her natural life.
CONCLUSIONS OF LAW
Section 475.25 Grounds for revocation or suspension.-- provides in part:
(2) The registration of a registrant shall be revoked if such registration, or a certificate issued thereon, is found to have been obtained by the registrant by means of fraud, misrepre- sentation, or concealment or if the registrant is confined in any state or federal prison or mental institution...
Respondent is confined in a state prison in violation of the foregoing statute, and her registration should be revoked.
RECOMMENDATION
Revoke the non-active salesman license held by the Respondent, Betty Lou Haber.
DONE and ORDERED this 18TH day of April, 1979, in Tallahassee, Leon County, Florida.
COPIES FURNISHED:
Manuel E. Oliver, Esquire
400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Barry A. Cohen, Esquire
100 Twiggs Street, Suite 4000 Tampa, Florida 33602
DELPHENE C. STRICKLAND
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301
(904) 488-9675
Docket for Case No: 78-002037
Orders for Case No: 78-002037
| Issue Date |
Document |
Summary |
|
Jun. 06, 1979 |
Agency Final Order
|
|
|
Apr. 18, 1979 |
Recommended Order
|
Respondent confined to prison for life following first degree murder conviction, therefore, license should be revoked for violating statute.
|
