STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, ELECTRICAL CONTRACTORS ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2260

)

1. HUGH SMITH, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing herein on February 17, 1984, in Jacksonville, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Barry S. Sinoff, Esquire

   2400 Independent Square

   Jacksonville, Florida 32202

   
   

   For Respondent: J. Hugh Smith, pro se

   6337 Arlington Road

   Jacksonville, Florida 32211 ISSUE

   The issue presented for decision herein is whether or not the Respondent, by using employees unsupervised by a certified craftsman to engage in electrical work who were not holders of a valid electrical craftsman certificate, violated the Ordinance Code of the City of Jacksonville; and Respondent, by having been disciplined by the City of Jacksonville for violation of local laws, has engaged in conduct subject to disciplinary action within the meaning of Section 489.533(1)(n), Florida Statutes (1979).

   
   

   FINDINGS OF FACT

   
   

   Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact:

   
   

   1. By its Administrative Complaint filed herein dated July 6, 1982, the Petitioner, Electrical Contractors Licensing Board, seeks to take disciplinary action against the Respondent, J. Hugh Smith, a registered electrical contractor, who holds license number ER 0004272.

   2. The Respondent is the President of Electric Hugh Company, Inc. Electric Hugh Company is the entity through which the Respondent engaged in the business of electrical contracting in the City of Jacksonville.

      
      

   3. On March 3, 1982, the Construction Trades Qualifying Board for the City of Jacksonville met and considered charges filed against the Respondent for failure to use certified craftsmen. A Mr. Etheridge, an employee of Respondent, was permitted to engage in electrical contracting work unsupervised by a certified craftsman without being licensed as a certified craftsman. By so doing, Respondent violated Section 950.110(a), Ordinance Code of the City of Jacksonville, Florida. 1/ For that code violation, Respondent's certificate was suspended for a period of six (6) months. (Petitioner's Exhibit 1 and testimony of John R. Bond, Executive Director -- Construction Trades Qualifying Board for the City of Jacksonville)

      
      

   4. On June 2, 1982, the Construction Trades Qualifying Board convened another meeting to consider other charges filed against Respondent based on an alleged failure (by Respondent) to pull electrical permits on four instances wherein a permit was required. At that time, Respondent's certification was revoked effective June 2, 1982, and that revocation remains in effect. The action by the Construction Trades Qualifying Board, City of Jacksonville, has been reviewed by Petitioner.

      
      

   5. By way of mitigation, Respondent opined that he considered the two years in which his license has been revoked by the City of Jacksonville as sufficient penalty for the violation. Respondent did not substantively contest the charges.

      
      

      CONCLUSIONS OF LAW

      
      

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

      
      

   7. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

      
      

   8. The authority of the Petitioner is derived from Chapter 489, Florida Statutes.

      
      

   9. The Respondent, a registered electrical contractor, is subject to the disciplinary guides of Chapter 489, Florida Statutes.

      
      

   10. Competent and substantial evidence was offered to establish that the Petitioner was subject to disciplinary action by the City of Jacksonville's Construction Trades Qualifying Board. That action which was reviewed by Petitioner, provides the basis upon which the Petitioner may discipline the Respondent herein.

       
       

   11. Section 489.533(1)(n), Florida Statutes, authorizes the Board to take disciplinary action against a licensee who has been the subject of disciplinary action by a city, county or local municipality.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent's registered electrical contractor's license number ER 0004272 be suspended for a period of two years.

DONE AND ENTERED this 17th day of April 1984 in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of April 1984.

ENDNOTE

1/ Administrative notice was taken of Sections 950.110(a) and 950.111(c), Ordinance Code of the City of Jacksonville, Florida.

COPIES FURNISHED:

Barry S. Sinoff, Esquire 2400 Independent Square

Jacksonville, Florida 32202

J. Hugh Smith

6337 Arlington Road

Jacksonville, Florida 32211

Allen R. Smith, Jr.

Executive Director

Electrical Contractors Licensing Board

130 North Monroe Street Tallahassee, Florida 32301

Fred Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-002260

Orders for Case No: 82-002260