STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF HOTELS AND )

RESTAURANTS, )

)

Petitioner, )

)

vs. ) CASE NO. 79-314

) H&R NO. 32-59-H

CHARLES AND MINNIE HALL )

t/a HALL ROOMING HOUSE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings at 9:00 a.m., on May 8, 1979, in Room 821, Broward County Courthouse, 201 S.E. 6th Street, Ft. Lauderdale, Florida.

Petitioner was represented by Mary Jo M. Gallay, Esquire, Staff Attorney, Department of Business Regulation 725 South Bronough Street, Tallahassee, Florida. Respondent was not represented at the hearing.

Petitioner, Division of Hotels and Restaurants (hereafter the Division), seeks to assess a civil penalty against or to suspend or revoke Respondent's Division of Hotels and Restaurants license for alleged violations of applicable regulations. The Respondent having failed to appear at the hearing, the matter was heard on an uncontested basis.

FINDINGS OF FACT

1. The Respondents, Charles and Minnie Hall t/a Ball Rooming House, were on July 7, 1978, licensed as a public lodging establishment.

   
   

2. An inspection of the premises on July 7, 1978, revealed that no fire extinguishers were provided, no lighting was provided in the public toilets, insulation was rotting on the electric wiring in the toilet areas and service was connected from one building to another by way of an extension cord, the paneling on the walls of the public toilets was wet and falling apart and missing commodes had not been replaced. Subsequent inspection revealed that the defects had not been remedied.

   
   

   CONCLUSIONS OF LAW

   
   

3. The foregoing Findings of Fact constitute a violation of Rules 7C- 1.04(1), (3) and (4), and Rule 7C-2.02(1) and (2), and Rule 7C-3.01(2) and (3), Florida Administrative Code. It is, therefore,

RECOMMENDED that Respondent's license be revoked.

DONE and ENTERED this 12th day of July, 1979, in Tallahassee, Florida.

MICHAEL R. N. McDONNELL

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Mary Jo M. Gallay, Esquire Staff Attorney

Department of Business Regulation

725 South Bronough Street Tallahassee, Florida 32301

Charles and Minnie Ball t/a Hall Rooming House

315 Oak Street

Moore Haven, Florida

Docket for Case No: 79-000314

Orders for Case No: 79-000314