STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, CONSTRUCTION ) INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1618

)

GLEN H. CURD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 25 October 1981 at New Port Richey, Florida.

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Respondent was not present or represented.

By Administrative Complaint filed May 14, 1981, the Department of Professional Regulation, Petitioner, seeks to revoke, suspend or otherwise discipline the license of Glen H. Curd, Respondent, as a building contractor. As grounds therefor, it is alleged that Respondent has had his Certificate of

Competency revoked by the Building Board of Examiners and Appeals, Pasco County.

This case was initially scheduled to be held on 30 July 1981. The notice of that hearing was mailed to the address provided by Respondent in the Election of Rights form he submitted on 10 June 1981 in which he requested a hearing.

Shortly before the 30 July date Respondent called the Division of Administrative Hearings to advise that his father was dying in Detroit, Michigan, and he was proceeding to Detroit. Mr. Curd was advised to submit a letter requesting a continuance and, based upon his representations, the continuance would be granted. No letter was received from Respondent.

By Amended Notice of Hearing dated August 24, 1981, this hearing was rescheduled to commence October 25, 1981, and a copy of that Amended Notice of Hearing was mailed to the address Respondent had provided earlier. The hearing was scheduled to commence at one o'clock p.m. The Hearing Officer was delayed slightly by an earlier hearing in Clearwater, and upon his arrival Respondent had not appeared. Attempts to contact Respondent by telephone to ascertain why he had not appeared proved unsuccessful. The hearing commenced at 1:50 p.m.

Thereafter, Petitioner called two witnesses and one exhibit was admitted into evidence.

FINDINGS OF FACT

1. Glen H. Curd is licensed by the Florida Construction Industry Licensing Board as a Building Contractor and holds license number RB 0022003.

   
   

2. Following a hearing the Building Board of Appeals and Adjustments, Pasco County, Florida, on 4 September 1979 revoked Glen H. Curd's Certificate of Competency (Exhibit 1).

   
   

3. Exhibit 1, the minutes of the September 4, 1979, meeting of the Building Board of Appeals and Adjustments, Pasco County, clearly indicates that this board revoked Curd's certificate on grounds of incompetence.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. The Amended Notice of Hearing was mailed to the address provided by Respondent and was not returned as undelivered.

   
   

5. Section 489.129(1), Florida Statutes, provides in pertinent part:

   
   

   The board may revoke, suspend, or deny the issuance or renewal of the certi- ficate or registration of a contractor or impose an administrative fine not to exceed $1,000, place the contractor on probation, reprimand or censure, [sic] a contractor if the contractor is found guilty of any of the following acts:

   * * *

   1. Disciplinary action by a munici- pality or county, which action shall be reviewed by the state board before the state board takes any disciplinary action of its own.

From the foregoing, it is concluded that the Pasco County Building Board of Appeals and Adjustments revoked Glen H. Curd's Certificate on Competency on September 4, 1979. This constitutes disciplinary action by a county against a building contractor and constitutes grounds for disciplinary action by Petitioner. It is, therefore,

RECOMMENDED that Glen H. Curd's license number RB 0022003 as a Building Contractor be revoked.

DONE and ENTERED this 5th day of November, 1981, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with Clerk of the

Division of Administrative Hearings this 5th day of November, 1981.

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Glen H. Curd

45 Horseshoe Lane

New Port Richey, Florida 33553

Samuel "Buddy" Shorstein, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 81-001618

Orders for Case No: 81-001618