Judges: WILLIAM C. SHERRILL
Agency: Agency for Workforce Innovation
Latest Update: Dec. 14, 1987
Summary: Respondent's vehicle which transported laborers was highly unsafe, uninsured, and did not have either his registration or the rates of compensation.
87-1063STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF LABOR AND ) EMPLOYMENT SECURITY, )
)
Petitioner, )
)
vs. ) CASE NO. 87-1063
)
RALPH WOODSON, )
)
Respondent. )
)
RECOMMENDED ORDER
The formal administrative hearing in this case was held in Lakeland, Florida, before William C. Sherrill, Jr., Hearing Officer, on December 4, 1987. Appearing for the parties were:
For Petitioner: Moses E. Williams, Esquire
Department of Labor and Employment Security
Suite 117, Montgomery Building
590 Executive Center Circle East Tallahassee, Florida 32399-2152
For Respondent: Ralph Woodson,
No appearance.
The Petitioner presented six exhibits which were received into evidence, and the testimony of William R. Brooks.
Since the Respondent did not appear at the hearing, he presented no evidence.
There is no transcript and there were no proposed recommended orders.
FINDINGS OF FACT
The Respondent, Ralph Woodson, requested a formal administrative hearing on or about March 6, 1987, with respect to civil penalties which the Petitioner proposed to levy on the Respondent. P. Ex. 5.
A formal administrative hearing was initially set for June 23, 1987, by notice of hearing mailed to the Respondent at his address at Route 1, Box 410B, Groveland, Florida 32236. This was the address that was recorded for Ralph Woods on the Farm Labor Contractor Registration Complaint which was forwarded to the Division of Administrative Hearings by the Department of Labor and Employment Security as pertaining to the request for hearing by the Respondent. That same document is P. Ex. 1.
On May 26, 2987, a continuance was granted in the case, and an amended notice of hearing was sent to the Respondent, Ralph Woodson, at the same address. The amended notice of hearing scheduled the case for 9:00 A.M., December 4, 1987, room 532, Curtis Petersen Building, 200 N. Kentucky, Lakeland, Florida.
The Hearing Officer was in the above hearing room until after 10:00
A.M. on December 4, 1987, but the Respondent did not attend the hearing.
The Respondent had adequate notice of the formal hearing.
On May 13, 1986, Mr. Woodson was observed by the compliance officer, William R. Brooks, driving a Ford van carrying three workers. When he arrived, Mr. Woodson gave directions to the workers as to where to go in the grove and what to pick. Mr. Woodson admitted to Mr. Brooks that he was the crew leader for those workers as well as other workers in the grove at that time.
On May 13, 1986, the Respondent was working as a labor crew leader or farm labor contractor in an orange grove in Indian River County.
The Ford van had numerous safety defects. There were rust holes in the floor boards, the tires were slick (no tread) so as to be likely to cause failure, and the benches upon which the workers were sitting as they rode into the grove were not secured to the floor properly.
The Ford van had been used by Mr. Woodson to transport workers 120 miles one-way on the day in question.
Mr. Woodson had an expired state registration with him but was not registered with the State of Florida as a farm labor contractor on May 13, 1986.
Mr. Woodson had a State of Florida registration application in his possession stating that he intended to be a farm labor contractor and not transport workers. Notwithstanding that fact, he was transporting workers.
The van in which Mr. Woodson was transporting workers was not covered by any motor vehicle insurance.
Mr. Woodson was aware that he was supposed to have postings in his vehicle and at the work site, but did not.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter of this case.
On May 13, 1986, the Respondent, Ralph Woodson, violated the following provisions of law regulating farm labor contracting:
Section 450.30, Fla. Stat., because he failed to register as a farm labor contractor.
Section 450.33(9) and section 316.620(3) and (4), Fla. Stat., because the Ford van he
was driving to transport farm laborers had tires that were worn smooth and were likely to cause failure, because the floors had holes in it, and because the seats were not securely attached to
the vehicle.
Section 450.33(5), Fla. Stat., because the vehicle in which the Respondent was transporting farm workers was not insured.
Section 450.33(4), Fla. Stat., because he had not posted either his registration application or the rates of compensation he received from the grower and paid to the workers.
Pursuant to section 450.38, Fla. Stat., the Department is authorized to assess a civil penalty of up to $1,000 for each violation, which in this case could be a penalty of $6,000, since the vehicle safety violations are three separate violations.
The amount of the penalty is governed by rule 38B-4.12, Florida Administrative Code. Pertinent here are the number of workers affected, the gravity of the violations, and the financial gain to the Respondent. The safety violations on the van, which drove 120 miles one-way with three workers, and the lack of insurance, which was financial gain to the Respondent, argue for the need for the penalty to be substantial. The Department seeks a penalty of
$2,600. That penalty is justified.
RECOMMENDATION
It is therefore recommended that the Department of Labor and Employment Security enter its final Order finding that the Respondent, Ralph Woodson, has violated the above enumerated statutes and assessing a civil penalty of $2,600.
DONE and RECOMMENDED this 14th day of December, 1987, in Tallahassee, Florida.
WILLIAM C. SHERRILL, JR.
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 14th day of December, 1987.
COPIES FURNISHED:
Moses E. Williams, Esquire Department of Labor and
Employment Security
Suite 117, Montgomery Building
590 Executive Center Circle East Tallahassee, Florida 32399-2152
Ralph Woodson Route 1, Box 410B
Groveland, Florida 32236
Hugo Menendez, Secretary Department of Labor and
Employment Security
206 Berkeley Building
2590 Executive Center Circle, East Tallahassee, Florida 32399-2152
Kenneth Hart, Esquire General Counsel Department of Labor and
Employment Security
131 Montgomery Building
2562 Executive Center Circle, East Tallahassee, Florida 32399-2152
Docket for Case No: 87-001063
Orders for Case No: 87-001063
| Issue Date |
Document |
Summary |
|
Jan. 11, 1988 |
Agency Final Order
|
|
|
Dec. 14, 1987 |
Recommended Order
|
Respondent's vehicle which transported laborers was highly unsafe, uninsured, and did not have either his registration or the rates of compensation.
|
