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CONSTRUCTION INDUSTRY LICENSING BOARD vs LOUIS ROTH, 96-004582 (1996)

Court: Division of Administrative Hearings, Florida Number: 96-004582 Visitors: 27
Petitioner: CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: LOUIS ROTH
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Hollywood, Florida
Filed: Sep. 27, 1996
Status: Closed
Recommended Order on Friday, May 23, 1997.

Latest Update: Jul. 15, 2004
Summary: Whether the Respondent, a licensed general contractor, committed the offenses alleged in the three administrative complaints and the penalties, if any, that should be imposed. Contractor abandoned project, mismanaged funds, and committed misconduct.
5-29-47] Final Order No. BPR-97-07079 Date 9-25-97 FILED Dept. of Business and Professional Regulation AGENCY CLERK Sarah Wachman, Agency Clerk By: A STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD Go DEPARTMENT OF BUSINESS AND De EY : - PROFESSIONAL REGULATION, ~ US as A } BAS s QO Petitioner, Ae Y BE. A -vs- CASE NO.: 93-13493 Zn) 93-16494 on 93-22820 SAL. DOAH CASE NO.:96-4582, CHILD 96-4581 96-4580 LICENSE NO.: CG C010162 LOUIS ROTH, Respondent. FINAL ER THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Section 120.57(1}{j), F.S., on August 14, 1997, in Orlando, Florida, for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference) issued by the Administrative Law Judge in the above styled case. The Petitioner was represented by Cate O’Dowd. The Respondent was not present, nor was he represented by counsel at the Board meeting. Upon consideration of the Administrative Law Judge’s Recommended Order and the arguments of the parties and after a review of the complete record in this matter, the Board makes the following findings: FINDINGS OF FACT 1. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and incorporated herein by reference. 2. There is clear and convincing evidence to support the Administrative Law Judge’s Findings of Fact. 3. The Respondent’s exceptions to the Administrative Law Judge’s Findings of Fact are hereby rejected. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 489, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted in toto and incorporated herein by reference. 3. Respondent is guilty of violating Sections 489.129(1)(d), (h), (k), (n), and (p), Florida Statutes. 4. There is clear and convincing evidence to support the Board’s findings and conclusions. 5. The Respondent's exceptions to the Administrative Law Judge’s Conclusions of Law are hereby rejected. THEREFORE, IT IS ORDERED AND ADJUDGED: 1. Count Ill of Case Number 93-22820 is hereby DISMISSED. 2. Respondent's licensure to practice contracting is hereby SUSPENDED for two (2) years. Since the Respondent’s license is currently suspended, this suspension will not begin to run until after the Respondent complies with the final order in case Number 93- 22535. 3. The Respondent is hereby ordered to pay to the Construction Industry Licensing Board an administrative fine of Five Thousand Dollars ($5,000 ) within thirty (30) days. In addition, the Respondent will be required to pay interest on fines due to the Board: at arate of 18% per annum, beginning on the thirty-first (31st) day after the issuance of the final order. A change in your licensure status, including the suspension, revocation, voluntary relinquishment, or involuntary relinquishment of your license does not relieve you of your obligation to pay any fines, costs, interests or restitution imposed in this order. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing one copy of a Notice of Appeal with the Clerk of The Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. This Order shall become effective upon filing with the clerk of the Department of Business and Professional Regulation. wh J DONE AND ORDERED this a4 day of > 1997, RICHARD PEPIN fChair Construction Industry Licensing Board CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: Louis Roth, 3752 N.E. 199th Street, North Miami Beach, FL 33180; Louis Roth, 347 Virginia Street, Hollywood, FL 33020; and to Stuart F. Wilson-Patton, Assistant Attorney General, Office of the Attorney General, PL- 01, The Capitol, Tallahassee, Florida 32399-1050 and by hand delivery/United States Mail to the Board Clerk, Department of Business and Professional Regulation and its counsel, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-0792, on or before 5:00 p.m., this D5 th day of S tembe , 1997. Priarda site

Docket for Case No: 96-004582
Issue Date Proceedings
Jul. 15, 2004 Final Order filed.
Jun. 09, 1997 Respondent`s Exceptions to Recommended Order filed.
May 23, 1997 Recommended Order sent out. CASE CLOSED. Hearing held 01/28/97.
May 23, 1997 Recommended Order sent out. CASE CLOSED. Hearing held 01/28/97.
Apr. 17, 1997 Respondent`s Proposed Recommended Order filed.
Apr. 17, 1997 Proposed Recommended Order of Petitioner (filed via facsimile).
Mar. 31, 1997 Order Granting Motion for Extension of Time sent out. (Petitioner to file status report by 4/11/97)
Mar. 25, 1997 (Petitioner) Motion for Extension of Time (filed via facsimile).
Mar. 04, 1997 Transcript filed.
Jan. 28, 1997 CASE STATUS: Hearing Held.
Jan. 21, 1997 Respondent`s Response to Petitioner`s Request for Admissions (for Case no. 96-4582); Respondent`s Response to Petitioner`s Request for Admissions (for Case no. 96-4581) filed.
Jan. 21, 1997 (From R. McNeely) Notice of Appearance; Respondent`s Response to Petitioner`s Request for Production of Documents; Respondent`s Notice of Service of Answers to Petitioner`s Interrogatories; Interrogatories; Respondent`s Response to Petitioner`s Request
Jan. 21, 1997 Respondent`s Response to Petitioner`s Request for Production of Documents; Respondent`s Notice of Service of Answers to Petitioner`s Interrogatories; Interrogatories (for Case no. 96-4581) filed.
Jan. 21, 1997 Respondent`s Response to Petitioner`s Request for Production of Documents; Respondent`s Notice of Service of Answers to Petitioner`s Interrogatories; Interrogatories (for Case no. 96-4582) filed.
Nov. 18, 1996 Notice of Serving Petitioner`s First Set of Request for Admissions, Request for Production of Documents, and Interrogatories to Respondent;Petitioner`s First Request for Admissions; Interrogatories (for Case no. 96-4582) filed.
Nov. 07, 1996 Notice Serving Petitioner`s First Set of Request for Admissions, Request for Production of Documents, and Interrogatories to Respondent; Petitioner`s First Request for Admissions (for Case no. 96-4581) filed.
Oct. 24, 1996 Notice of Hearing sent out. (hearing set for 1/28/97; 10:00am; Miami)
Oct. 24, 1996 Order of Consolidation sent out. (Consolidated cases are: 96-4580, 96-4581 & 96-4582)
Oct. 21, 1996 (Petitioner) Response to Initial Order (filed via facsimile).
Oct. 09, 1996 Initial Order issued.
Sep. 27, 1996 Agency referral letter from J. Williams; Administrative Complaint; Election of Rights filed.

Orders for Case No: 96-004582
Issue Date Document Summary
Sep. 25, 1997 Agency Final Order
May 23, 1997 Recommended Order Contractor abandoned project, mismanaged funds, and committed misconduct.
Source:  Florida - Division of Administrative Hearings

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