STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND )

EMPLOYMENT SECURITY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-1644

)

ISAAC HAWTHORNE, )

)

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 Isaac Hawthorne (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, and Respondent represented himself.

At the hearing, Petition introduced sixteen exhibits and called Larry Coker, compliance officer, Stanley Hawthorne and Zephrin Augustine, farmworkers, to testify. Respondent testified on his own behalf. No transcript has been filed. The parties waived the filing of proposed findings of fact and conclusions of law.

FINDINGS OF FACT

1. Respondent is a registered farm labor contractor with social security number 264-86-0916 and certificate number 4-3266-K 86 I.

   
   

2. On or about February 11, 1986 and October 28, 1986, Respondent recruited, transported and hired farmworkers for a fee and directed, controlled and supervised their work. Specifically, he hired and supervised Stanley Hawthorne and Zephrin Augustine as crewleaders, neither of whom had valid and current certificates of registration at that time.

   
   

3. Respondent contracted for the employment of farmworkers with farm labor contractors in February and October, 1986 before said contractors displayed to him a current certificate of registration issued by Petitioner.

   
   

   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.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981).

   
   

5. The evidence clearly establishes that Respondent violated Sections 450.28(1)(b) and 450.35, Florida Statutes, by contracting with farm labor contractors, who were not registered with Petitioner, for the employment of farmworkers, and by failing to insure that said contractors displayed to him their certificates of registration before entering into such contract. This occurred in both February and October, 1986.

   
   

6. Petitioner is authorized to impose and 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. Based upon the facts established in this case, Petitioner is authorized to assess an administrative fine against Respondent.

RECOMMENDATION

Based upon the foregoing, it is recommended that Petitioner issue a Final Order assessing an administrative penalty of $1000.00 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 Williams, Esquire Department of Labor and

Employment Security Montgomery Building, Suite 117

2562 Executive Center Circle, East Tallahassee, Florida 32399-0658

Isaac Hawthorne Highlands Harvest Corp. Post Office Box 2094

Lake Placid, Florida 33852

Hugo Menendez, Secretary Department of Labor and

Employment Security Berkeley Building, Suite 206

2590 Executive Center Circle, East Tallahassee, Florida 32399-2152

Kenneth Hart, Esquire Department of Labor and

Employment Security General Counsel

Montgomery Building, Suite 131 2562 Executive Center Circle, East Tallahassee, Florida 32399-0658

Docket for Case No: 87-001644

Orders for Case No: 87-001644