STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HIGHWAY SAFETY ) AND MOTOR VEHICLES, DIVISION OF ) DRIVER LICENSES, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1210

)

CANDIDO IGLESIAS, d/b/a )

IGLESIAS DRIVING SCHOOL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a formal hearing in this cause on July 1, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: Michael J. Alderman, Esquire

Assistant General Counsel Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32301

For Respondent: Alan Goldfarb, Esquire

12th Floor, Roberts Building

28 Flagler Street Miami, Florida 33130

At the final hearing, Petitioner called Don Keirn, Betty J. Ginn, R. F. Schweikert, and Jesus Arena as its witnesses. In addition, Petitioner offered Petitioner's Exhibits 1 and 2, which were received into evidence. Respondent testified in his own behalf, and offered no exhibits for inclusion in the record.

Counsel for both Petitioner and Respondent have submitted proposed findings of fact for consideration by the Hearing Officer. To the extent that those proposed findings of fact are not included in this Recommended Order, they have been rejected as being either irrelevant to the issues involved in this cause, or as not having been supported by evidence of record.

ISSUE

1. Whether Respondent, Candido Iglesias, d/b/a Iglesias Driving School, on November 4, 1981, and March 4, 1982, violated Rule 15A-2.05(3), Florida Administrative Code, by failing to keep a duplicate copy of every contract

   entered into between his school and every person taking lessons, lectures, tutoring, and instructions relating to the operation of a motor vehicle on file at the school location.

   
   

2. If such violations occurred, whether the Respondent's commercial driving school license should be suspended for a period of three months, or until compliance with Rule 15A-2.05(3), Florida Administrative Code, is demonstrated.

FINDINGS OF FACT

1. Respondent, Candido Iglesias, d/b/a Iglesias Driving School, is presently licensed by Petitioner, Department of Highway Safety and Motor Vehicles, as a commercial driving school and has been so licensed for approximately the last four years.

   
   

2. On November 4, 1981, and again on March 4, 1982, the Respondent was in violation of Rule 15A-2.05(3), Florida Administrative Code, in that he did not have on file at his school location a duplicate copy of every contract entered into between the school and its driving students.

   
   

3. An interim inspection on November 19, 1981, found Respondent to be in compliance with Rule 15A-2.05(3), Florida Administrative Code, and it was stipulated by the parties at hearing that as of March 5, 1982, through the time of final hearing, Respondent was in full compliance with that rule.

   
   

4. In both instances in which Respondent was found to be in noncompliance with Petitioner's rules, the fault lay with one of Respondent's driving instructors, whom he has since terminated.

   
   

5. Enforcement of Rule 15A-2.05(3), Florida Administrative Code, is important to public safety in that it enables Petitioner to determine whether students taught by driving schools have had their eyesight and knowledge of the traffic laws tested by Petitioner, and whether competent instructors are teaching driver training. Respondent was warned on more than one occasion that it was necessary for him to demonstrate compliance with Rule 15A-2.05(3), Florida Administrative Code.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. Section 120.57(1), Florida Statutes.

   
   

7. Rule 15A-2.05(3), Florida Administrative Code, requires every driving school licensee to maintain the following records:

   
   

   A file containing a duplicate copy of every contract entered into between the school and every person taking lessons, lectures, tutoring and instructions relating to the operation of a motor vehicle. The original contract shall be given

   to the student taking instructions and a carbon duplicate thereof shall be retained by the school.

8. Rule 15A-2.11(1)(a), Florida Administrative Code, authorizes Petitioner to revoke or suspend a licensee's commercial driving school license for . . . violation of any provision of Chapter 488, F.S., or any of the rules and regulations of the Department."

   
   

9. Based upon the foregoing Findings of Fact, and the above-recited applicable law, it is specifically determined, as a matter of law, that Respondent was, on November 4, 1981, and March 4, 1982, in violation of the aforesaid rules of the department.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED

That a Final Order be entered by the Department of Highway Safety and Motor Vehicles, Division of Driver Licenses, suspending Respondent's commercial driving school license for a period of three months, and, in light of Respondent's demonstrated compliance with the department s rules at time of final hearing, that that suspension be itself suspended, and Respondent be placed on probation for a period of one (1) year subject to a demonstration of continuing compliance with the department's rules and regulations at such intervals as the department may deem appropriate.

DONE AND ENTERED this 4th day of October, 1982, at Tallahassee, Florida.

WILLIAM E. WILLIAMS

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 4th day of October, 1982.

COPIES FURNISHED:

Michael J. Alderman, Esquire Alan Goldfarb, Esquire Assistant General Counsel 12th Floor, Roberts Building Department of Highway Safety 28 Flagler Street

and Motor Vehicles Miami, Florida 33130 Neil Kirkman Building

Tallahassee, Florida 32301

James T. York, Executive Director

Department of Highway Safety and Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32301

=================================================================

AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF DRIVER LICENSES

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

Petitioner,

vs. DOAH CASE NO. 82-1210

CASE NO. DL-82-002

CANDIDO IGLESIAS, d./b/a IGLESIAS DRIVING SCHOOL,

Respondent.

/

FINAL ORDER

This matter came before the Director of the Division of Driver Licenses as the officer empowered to take final agency action on behalf of the Department with regard to commercial driving school licenses. Upon the submission of the Recommended Order by the Hearing Officer (copy attached) on October 04, 1982.

Having reviewed the complete record before the Hearing Officer, the Director finds as follows:

1. The Hearing Officer's Findings of Fact and Conclusions of Law set out in the attached Recommended Order are hereby adopted as the Department's Findings of Fact and Conclusions of Law for the purpose of issuing this Final Order.

   
   

2. The Hearing Officer's "Recommendation" relating to a penalty set out on page 4 of the Recommended Order is hereby rejected and the Department instead enters the penalty as set out below.

Based upon the foregoing, it is

ORDERED, that the Respondent's Commercial Driving School License be and the same is hereby

SUSPENDED for a period of three months beginning November 01, 1982, and continuing through and including January 31, 1982; and, further, it is hereby

ORDERED, that upon or shortly before termination of the above suspension period, an agent of the Department shall inspect the Respondent's school and school records and Respondent's license shall not be restored unless the inspection reveals compliance with all applicable rules, regulations, and statutes, and, further, it is hereby

ORDERED, that the Respondent's school license certificate, each of its motor vehicle identification certificates, and each of its employee's instructor certificate or agent identification card (if such instructor certificates or identification cards are for the purpose of teaching at or representing Respondent's school) shall be surrendered to the Department on or before November 01, 1982, and not returned until the above conditions have been fulfilled.

DONE AND ORDERED this 27th day of October, 1982.

C. W. KEITH, Director Division of Driver Licenses

CERTIFICATE OF FILING

I HEREBY CERTIFY that the foregoing Final Order has been placed in the official files of the Division of Driver Licenses, Department of Highway Safety and Motor Vehicles, this 27th day of October, 1982.

Alan Cochrane, Chief Bureau of Records Agency Clerk

Copies Furnished:

Alan Goldbarb, Esquire

12th Floor, Roberts Building

28 West Flagler Street Miami, Florida 33130

William E. Williams Hearing Officer

Division of Administrative Hearings Department of Administration

2009 Apalachee Parkway

Tallahassee, Florida 32301

Michael J. Alderman Assistant General Counsel Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32301

Docket for Case No: 82-001210

Orders for Case No: 82-001210