STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND ) EMPLOYMENT SECURITY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-1064

)

JOE LOUIS RIVERS, )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing was held on June 2, 1987 in Wauchula, Florida, before DONALD D. CONN, a duly designated Hearing Officer of the Division of Administrative Hearings, to determine whether Joe Louis Rivers (Respondent) has violated provisions of the Farm Labor Contractor Act, Chapter 450, Part III, Florida Statutes, as alleged by the Department of Labor and Employment Security (Petitioner). Moses E. Williams, Esquire, represented Petitioner, but Respondent did not appear and was not represented.

At the hearing, Petitioner introduced two exhibits and called Larry Coker, compliance officer. No transcript has been filed and Petitioner has waived his right to file proposed findings of fact and conclusions of law.

FINDINGS OF FACT

1. Respondent is a registered farm labor contractor whose Social Security number is 419-50-8742 and who has been issued certificate number 02949.

   
   

2. At all times material hereto, Respondent failed to possess, for a period of three years, proof of payment showing the nature and amount of each payment made on behalf of each farmworker for whom he acted as a farm labor contractor. The records which Respondent failed to maintain included payments for social security, income tax withholdings, and payments for transportation and food.

   
   

3. When Respondent made payments of wages to farmworkers for whom he acted as a farm labor contractor in June, 1986, he failed to furnish the workers any itemized statement in writing showing in detail each and every deduction made from their wages.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case. Section 120.57(1), Florida Statutes. The Petitioner is seeking to impose an administrative fine against Respondent. Therefore, Petitioner has the burden of proof in this case, and must establish the alleged violations by clear and convincing evidence. Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977);

   Bowling v. Department of Insurance, 394 So.2d 165 (Fla. 1st DCA 1981); Florida Department of Transportation v. J.T.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981). Section 450.33(6), Florida Statutes, requires farm labor contractors to maintain records required by Petitioner.

   
   

5. Rule 38B-4.007, Florida Administrative Code, specifies that deductions from wages shall be made in accordance with Section 450.33(7), Florida Statutes, which states that farm labor contractors shall:

   
   

   Semimonthly, or at the time of each payment of wages, furnish each of the workers employed by him, either as a detachable part of the check, draft, or voucher paying the employee's wages or separately, an itemized statement in writing showing in detail each and every deduction made from such wages.

   
   

   See also Rule 38B-4.006(6)(b), Florida Administrative Code.

   
   

6. Petitioner is authorized to impose an administrative fine of up to

$1000 for each violation of Chapter 450, Part III, Florida Statutes. See Section 450.38(2), Florida Statutes, as created by Chapter 85-243, Laws of Florida. Therefore, since a clear violation has been shown, Petitioner has sustained its burden in this case, and is authorized to assess an administrative penalty against Respondent.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order assessing an administrative penalty of $500.00 against Respondent.

DONE AND ENTERED this 8th day of June, 1987, in Tallahassee, Florida.

DONALD D. CONN

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 8th day of June, 1987.

COPIES FURNISHED:

Moses E. Williams, Esquire Department of Labor and Employment Security

2562 Executive Center Circle East Montgomery Building

Tallahassee, Florida 32399-2152

Joe Louis Rivers Route 3, Snell Street

Wauchula, Florida 33873

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 32399-2151

Docket for Case No: 87-001064

Orders for Case No: 87-001064