STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 83-2892

)

KONRAD V. ISING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held a formal hearing in this case on January 17, 1984, in Orlando, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Konrad V. Ising, Pro Se

Post Office Box 1023 Maitland, Florida 32751

STATEMENT OF THE ISSUE

The issue for determination at the final hearing was whether the contracting license of the Respondent Konrad v. Ising should be suspended, revoked, or otherwise disciplined by the Petitioner Department of Professional Regulation, for alleged violations of Chapter 489, Florida Statutes.

At the final hearing Petitioner's Exhibits 1 and 2(a)-(g) were offered and admitted into evidence. The Respondent testified on his own behalf.

FINDINGS OF FACT

1. The Respondent Konrad V. Ising is licensed to practice contracting in Florida, and is a licensed certified general contractor holding license number CG C009669, a license current and active from 1982 through the present.

   
   

2. The Respondent qualified Master Craft Constructors using license number CG C009669.

3. During 1982, the Respondent entered into an association with Carlton Mosher whereby the Respondent would use his contractor's license to obtain building permits for construction projects which Mosher had contracted. The Respondent hoped his association with Mosher would lead to a partnership and assist him in obtaining practical experience in the construction field.

   
   

4. During his association with the Respondent, Mosher was not a licensed contractor.

   
   

5. In December 1982, Mosher, doing business as Re-Builders, contracted with Russell Hirstins to construct a room addition on his home at 4034 27th Avenue, St. Petersburg, Florida. On December 3, 1982, an application for a building permit for the job was submitted to the City of St. Petersburg and permit number 88638 was issued. The permit was obtained using the Respondent's license number and Respondent is listed as the job contractor.

   
   

6. However, the Respondent performed no work on the Hirstins job, maintained no control over Mosher's work, failed to adequately supervise the project, and failed to qualify Re-Builders with the Construction Industry Licensing Board.

   
   

7. Since becoming licensed in 1975, the Respondent has not been involved in any other disciplinary proceedings. At the final hearing, the Respondent candidly acknowledged that his association with Mosher was a regrettable mistake. The project was completed by Mosher to the apparent satisfaction to the Hirstins.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

9. The Administrative Complaint filed on August 9, 1983, alleged that the Respondent violated Section 489.129(1)(e), Florida Statutes, by aiding and abetting an unlicensed individual to evade a provision of Chapter 489, Florida Statutes, Section 489.129(1)(g), Florida Statutes, by knowingly combining or conspiring with an unlicensed person to evade a provision of Chapter 489, Florida Statutes, Section 489.129(1)(g), Florida Statutes, by contracting in a name other than on his license, and Section 489.129(1)(j), Florida Statutes, by failing in a material respect to comply with Section 489.119(2) and (3), Florida Statutes, by failing to qualify a business through which he engaged in construction.

   
   

10. The Petitioner has demonstrated by clear and convincing evidence that the Respondent violated Sections 489.129(1)(g) and (j), Florida Statutes. Insufficient evidence was presented to demonstrate that the Respondent entered into his arrangement with Mosher in order to allow an unlicensed person to evade Chapter 489, Florida Statutes, therefore violations of Sections 489d.129(1)(e) and (f), Florida Statutes, were not established.

    
    

11. Considering all of the circumstances of this case, a suspension or revocation of the licensure of the Respondent is not warranted.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That a Final Order be entered by the Construction Industry Licensing Board finding the Respondent Konrad V. Ising guilty of violating Section 489.129(1)(g) and (j), Florida Statutes, and imposing a $250 administrative fine.

DONE AND ORDERED this 30th day of January 1984, in Tallahassee.

SHARYN L. SMITH

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of January 1984.

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Konrad V. Ising

Post Office Box 1023 Maitland, Florida 323751

James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2

Jacksonville, Florida 32202

Frederick Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32302

Docket for Case No: 83-002892

Orders for Case No: 83-002892