Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: MATILDA M. VATH
Judges: ARNOLD H. POLLOCK
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: May 29, 1998
Status: Closed
Recommended Order on Tuesday, March 28, 2000.
Latest Update: Jun. 28, 2000
Summary: The issue for consideration in this hearing is whether Respondent’s license as a real estate broker/salesperson in Florida should be disciplined because of the matters alleged in the Administrative Complaint filed herein.Respondent signed property owner`s name to listing agreement, which constituted misconduct, notwithstanding that the owner had previously affirmed the signing of renewals.
Order.PDFSTATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Petitioner,
vs. CASE NO. 97-80708
DOAH NO. 98-2438
MATILDA M. VATH
Respondent.
/
CORRECTED FINAL ORDER
On May 17, 2000, pursuant to ss. 120.569 and 120.57(1), Florida Statutes, the Florida Real Estate Commission heard this case to issue a Final Order.
Administrative Law Judge Arnold H. Pollock of the Division of Administrative Hearings presided over a formal hearing on February 25, 2000. On March 28, 2000, a Recommended Order was issued, which is adopted by the Florida Real Estate Commission as to all Findings of Fact, Conclusions of Law and Recommendations. A copy of the Recommended Order is attached hereto as Exhibit A and made a part hereof.
Therefore, the Commission finds the Respondent violated s.475.25(1)(b), Florida Statutes, and therefore is guilty of culpable negligence.
It is therefore ORDERED that Respondent be placed on probation for a period of one year, subject to the following terms and conditions:
The licensee shall notify the Division of Real Estate of any changes in employment.
The licensee shall not violate any provisions of Chapter 475, Florida Statutes, or Rules adopted by the Commission.
The licensee shall not be found guilty or convicted of any crime in any jurisdiction.
The licensee shall enroll in and satisfactorily complete the 30-hour broker management course within six months of the effective date of this Order. The course is in addition to any additional education required to maintain a valid and current license.
The Commission further ORDERS that the Respondent be reprimanded.
This Final Order shall be effective 30 days from date of filing with the Clerk of the Department of Business and Professional Regulation. However, any party affected by this Final Order has the right to seek judicial review, pursuant to s.
1 20.68, Florida Statutes, and to Rule 9.1 10, Florida Rules of Appellate Procedure.
Within 30 days of the filing date of this Final Order, review proceedings may be instituted by filing a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation at Suite 309, North Tower, 400 West Robinson Street, Orlando, Florida 32801. At the same time, a copy of the Notice of Appeal, with applicable filing fees, must be filed with the appropriate District Court of Appeal.
DONE AND ORDERED this 17th day of May 2000 in Orlando, Florida.
Herbert S. Fecker, Director Division of Real Estate
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was sent by
U.S. Certified Mail to: David P. Rankin, Esquire, Law Offices of David P. Rankin, P.A., 3837 Northdale Boulevard, PMB 332, Tampa, Florida 33624; by U.S. regular mail to the Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and a copy provided to Sunia Y. Marsh, Esquire, DBPR, Post Office Box 1900, Orlando, Florida 32802, this 20th day of June 2000.
Brandon M. Nichols
Docket for Case No: 98-002438
| Issue Date |
Proceedings |
|
Jun. 28, 2000 |
Corrected Final Order filed.
|
|
Jun. 09, 2000 |
Final Order filed. |
|
Mar. 28, 2000 |
Recommended Order sent out. CASE CLOSED. Hearing held 02/25/2000.
|
|
Mar. 21, 2000 |
(Petitioner) Proposed Recommended Order (filed via facsimile). |
|
Mar. 20, 2000 |
(Respondent) Recommended Findings of Fact; Argument (filed via facsimile). |
|
Mar. 06, 2000 |
Notice of Filing Transcript of Final Hearing; Transcript filed. |
|
Feb. 25, 2000 |
CASE STATUS: Hearing Held. |
|
Feb. 21, 2000 |
(Respondent) Motion to Withdraw (filed via facsimile). |
|
Dec. 22, 1999 |
Letter to Judge Pollock from M. Vath Re: Dates available for hearing (filed via facsimile). |
|
Dec. 21, 1999 |
Notice of Hearing sent out. (hearing set for February 25, 2000; 9:00 a.m.; Tampa, Florida) |
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Nov. 30, 1999 |
(Petitioner) Unilateral Status Report (filed via facsimile). |
|
Sep. 29, 1999 |
Fifth Order Continuing Case in Abeyance sent out. (Parties to advise status by November 30, 1999.) |
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Sep. 29, 1999 |
(Petitioner) Motion to Continue to Hold Case in Abeyance (filed via facsimile). |
|
Sep. 29, 1999 |
(Petitioner) Motion to Continue to Hold Case in Abeyance (filed via facsimile). |
|
Jul. 06, 1999 |
Fourth Order Extending Abeyance sent out. (Parties to advise status by 09/30/1999) |
|
Jun. 30, 1999 |
(Petitioner) Motion to Continue to Hold Case in Abeyance (filed via facsimile). |
|
Apr. 05, 1999 |
Third Order Extending Abeyance sent out. (matter is continued in abeyance for an additional 90 days) |
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Apr. 02, 1999 |
(Petitioner) Motion to Continue to Hold Case in Abeyance (filed via facsimile). |
|
Mar. 30, 1999 |
(G. Coaxum) Notice of Substitute Counsel (filed via facsimile). |
|
Dec. 30, 1998 |
Order Extending Abeyance sent out. (Petitioner to respond by 3/30/99 as to need for further hearing) |
|
Dec. 29, 1998 |
(Petitioner) Status Report and Motion to Continue to Hold Case in Abeyance (filed via facsimile). |
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Nov. 17, 1998 |
Order Extending Abeyance sent out. (Petitioner to respond by 1/30/99 as to need for further hearing) |
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Aug. 26, 1998 |
Order of Abeyance sent out. (Petitioner to respond by 11/30/98 as to need for further hearing) |
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Aug. 24, 1998 |
(Petitioner) Notice of Filing Exhibits for Video Hearing (filed via facsimile). |
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Aug. 24, 1998 |
(Respondent) Exhibit; Cover Letter (filed via facsimile). |
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Jul. 15, 1998 |
Order sent out. (8/14/98 hearing cancelled & reset for 8/25/98; 1:00 pm; Tampa) |
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Jul. 10, 1998 |
Order Granting Permission to Take Deposition by Telephone sent out. |
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Jul. 10, 1998 |
(Steven Johnson) Notice of Substitute Counsel (filed via facsimile). |
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Jul. 10, 1998 |
Motion to Continue (Petitioner) (filed via facsimile). |
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Jul. 08, 1998 |
(Petitioner) Motion to Take Deposition by Telephone (filed via facsimile). |
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Jun. 11, 1998 |
Notice of Hearing sent out. (hearing set for 8/14/98; 9:00am; Tampa) |
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Jun. 09, 1998 |
Joint Response to Initial Order (filed via facsimile). |
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Jun. 02, 1998 |
Initial Order issued. |
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May 29, 1998 |
Agency Referral letter (exhibits); Administrative Complaint; Election of Rights filed. |
Orders for Case No: 98-002438
| Issue Date |
Document |
Summary |
|
Jun. 20, 2000 |
Agency Final Order
|
|
|
Jun. 06, 2000 |
Agency Final Order
|
|
|
Mar. 28, 2000 |
Recommended Order
|
Respondent signed property owner`s name to listing agreement, which constituted misconduct, notwithstanding that the owner had previously affirmed the signing of renewals.
|
