STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, CONSTRUCTION )

INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 81-174

)

OSCAR DARIAS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a formal hearing in this case on September 14, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: Harold M. Braxton, Esquire

45 Southwest 36th Court Miami, Florida 33135

For Respondent: Oscar Darias, In Pro Per.

9402 Southwest 17th Street Miami, Florida 33174

By Administrative Complaint, the Petitioner seeks to suspend or revoke the certified general contractor's license held by the Respondent for violation of Section 489.129(1)(d), Section 489.129(1)(h), and Section 489.129(1)(k), Florida Statutes. Specifically, the Complaint charges the Respondent with willful or deliberate disregard and violation of the applicable building codes of Dade County, with diversion of funds received for the completion of a specified construction project when as a result of the diversion he was unable to fulfill the terms of his contract, and with abandonment of a construction project without just cause.

The Respondent was represented by counsel until August 3, 1982, when a notice of withdrawal as attorney of record was filed with this Division. At the hearing the Respondent acknowledge that he was without counsel by choice, that he understood that he had a right to be represented by an attorney, and that he elected to proceed without counsel.

During the course of the final hearing the Respondent announced that he wished to admit all the allegations in the Administrative Complaint, and that he pled guilty to the violations as set forth in the Complaint. As a result, there was no longer any factual or legal issue in dispute for resolution by the Hearing Officer, and the hearing was concluded.

RECOMMENDATION

Based upon the admission of the Respondent, Oscar Darias, that the allegations in the Administrative Complaint are true, and the Respondent's plea of guilty to the violations as charged in the Complaint, it is

RECOMMENDED that the certified general contractor's license, number CG C004728, held by the Respondent, Oscar Darias, be revoked.

THIS RECOMMENDED ORDER entered on this 22nd day of September, 1982, in Tallahassee, Florida.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of September, 1981.

COPIES FURNISHED:

Harold M. Braxton, Esquire

45 S.W. 36th Court Miami, Florida 33135

Oscar Darias

9402 S.W. 17th Street Miami, Florida 33174

Docket for Case No: 81-000174

Orders for Case No: 81-000174