STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF LABOR, EMPLOYMENT AND ) TRAINING, BUREAU OF AGRICULTURAL ) PROGRAMS, )

)

Petitioner, )

)

vs. ) CASE NOS. 91-2253

) 91-2350

JOHN MILLER, JR., ) 91-5220

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing in the above-styled consolidated cases was held on October 1, 1991, in Orlando, Florida, before Hearing Officer Mary Clark.

APPEARANCES

For Petitioner: Francisco R. Rivera, Esquire

Department of Labor & Employment Security

The Hartman Building, Suite 307 2012 Capital Circle, S.E. Tallahassee, FL 32399-0657

For Respondent: Edwin R. Ivey, Esquire

Box 3223

Orlando, FL 32802 PRELIMINARY MATTERS

This proceeding was initiated when Respondent requested a formal administrative hearing in response to an administrative complaint dated February 22, 1991. That complaint alleged various violations of Chapter 450, Part III, F.S., relating to farm labor registration, and of Chapter 38H-11, F.A.C., rules promulgated pursuant to that statute.

The case was referred to the Division of Administrative Hearings on April 8, 1991. Subsequent administrative complaints against the same Respondent, dated March 13, 1991 and June 6, 1991, were also referred to the Division for hearing and were consolidated into a single action without objection by the parties.

Counsel for both parties appeared at the time and place designated in the notice of hearing.

Upon commencement of the hearing, counsel for Respondent announced that Respondent no longer contests the allegations of the three administrative

complaints. More specifically, through counsel, Respondent admits the following facts as reflected in Petitioner's proposed stipulations filed on September 27, 1991:

1. Respondent owes $10,202.31 (dollars) in unemployment compensation taxes.

   
   

2. Respondent has not kept proof of deductions for social security, rent, income tax, food and transportation, showing the nature and amount of each payment made on behalf of each

   farmworker he employed in the last three years.

   
   

3. Respondent has not maintained a notice of payment record in such conditions as to facilitate inspection.

   
   

4. Respondent misrepresented the terms and conditions of employment to farmworkers Tony Jones, Anthony Heard, Lee Gaston, Charles Campbell and Arthur Phillips.

   
   

5. Respondent utilized Mr. Arthur Miller to transport farmworkers on February 24, 1991, before Mr. Arthur Miller displayed a current certificate of registration.

   
   

6. Mr. Arthur Miller was paid $50.00 dollars to transport farmworkers on February 25, 1991.

   
   

7. Mr. Arthur Miller does not have a license as a farm labor contractor.

   
   

8. Respondent, at all times material to this action, has been a farm labor contractor.

These constitute violations of Chapter 450, F.S. and Chapter 38H-11, F.A.C., as alleged in the above-referenced administrative complaints.

Section 450.32, F.S., provides that the Division of Labor, Employment and Training may revoke, suspend or refuse to renew a certificate of registration when it is shown that the farm labor contractor has violated Chapter 450, F.S., Part III, or the rules adopted pursuant to Section 450.36, F.S. Section 450.38, F.S., provides for a civil penalty of $1,000 each for such violations.

RECOMMENDED DISPOSITION

Based on the foregoing, it is hereby, RECOMMENDED:

That a Final Order be entered finding Respondent, John Miller, Jr. committed the violations charged in administrative complaints dated February 22, 1991, March 13, 1991 and June 6, 1991, revoking his certificate of registration as a farm registration labor contractor and assessing a civil penalty in the amount of $4,000.00, as provided in the notices of intent to issue final order incorporated in the referenced administrative complaints.

DONE AND RECOMMENDED this 14th day of October, 1991, in Tallahassee, Leon County, Florida.

MARY CLARK

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 14th day of October, 1991.

COPIES FURNISHED:

FRANCISCO R. RIVERA, SR. ATTY.

DEPT. OF LABOR & EMPLOYMENT SECURITY THE HARTMAN BUILDING, STE. 307

2012 CAPITAL CIRCLE, S.E. TALLAHASSEE, FL 32399-0657

EDWIN R. IVY, ESQUIRE BOX 3223

ORLANDO, FL 32802

JOHN MILLER, JR.

BOX 274

TANGERINE, FL 32777

FRANK SCRUGGS, SECRETARY DEPT. OF LABOR AND

EMPLOYMENT SECURITY

303 HARTMAN BUILDING 2012 CAPITAL CIRCLE, S.E.

TALLAHASSEE, FL 32399-2152

STEPHEN BARRON, GENERAL COUNSEL DEPT. OF LABOR AND

EMPLOYMENT SECURITY

303 HARTMAN BUILDING 2012 CAPITAL CIRCLE, S.E.

TALLAHASSEE, FL 32399-2152

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 91-002253

Orders for Case No: 91-002253