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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs WILLIAM D. JANAS, 01-001203PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001203PL Visitors: 12
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WILLIAM D. JANAS
Judges: SUZANNE F. HOOD
Agency: Department of Business and Professional Regulation
Locations: Panama City, Florida
Filed: Mar. 29, 2001
Status: Closed
Recommended Order on Tuesday, July 17, 2001.

Latest Update: Nov. 08, 2001
Summary: Clear and convincing evidence indicates that Respondent contracted to perform construction work in a jurisdiction in which he was not licensed and failed to return unearned portion of down payment for said construction work.
ane) Final Order No. BPR-2001-04619 Date: | |- 6 ” 200! FILED ; ment of Business and Professional Regulation AGENCY CLERK Sarah Wachman, Agency Clerk Depart By: STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, SEAN-ClS Petitioner, -vs- CASE NO.: 98-13006 DOAH CASE NO.: 01-1203PL LICENSE NO.: RB 0066544 WILLIAM DENNIS JANAS, Respondent. FINAL ORDER THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Section 120.57(1}(I), F.S., on October 11, 2001, in Fort Lauderdale, 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 Robert A. Crabill, Esq. 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. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 420.57(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 489.1 29(1)(j) and (n), Florida Statutes. 4. There is clear and convincing evidence to support the Board’s findings and conclusions. THEREFORE, IT IS ORDERED AND ADJUDGED: Respondent shall pay an administrative fine in the amount of One Thousand Dollars ($1,000.00}, and costs in the amount of One Thousand Fifty-Seven Dollars and Twenty- Seven Cents ($1,057.27) to the Board, and restitution in the amount of Two Thousand Two Hundred Dollars ($2,200.00) to Ralph Springer. Said fine, costs and restitution shall be paid within thirty (30) days after the date of filing of the Final Order. To assure payment of the fine, costs and restitution, it is further ordered that all of Respondent’s licensure to practice contracting shall be suspended with the imposition of the suspension being stayed for thirty (30) days of the date of filing of the Final Order. If the ordered fine, costs and restitution are paid within that thirty (30) day period, the suspension imposed shall not take effect. Upon payment of the fine, costs and restitution after the thirty (30) days, the suspension imposed shall be lifted. If the licensee does not pay the fine, costs and restitution within said period, then immediately upon expiration of the stay, he shall surrender his licensure to the investigator of the Department of Business and Professional Regulation or shall mail it to the Board office at 1940 N. Monroe Avenue, Tallahassee, Florida 32399-1039. 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, interest, 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 an original 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. ' DONE AND ORDERED this 5" day of _ Nevember , 2001. Ss. SW SUSAN STOKES, Chair 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: William Dennis Janas, 105 Peacock Run, Beaufort, South Carolina 29906; to Suzanne F. Hood, Administrative Law Judge, Division of Administrative Hearings, The De Soto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 3060; by hand delivery/United States Mail to the Construction industry Licensing Board, 1940 N. Monroe Street, Tallahassee, Florida 32399-1039, and to Robert A. Crabill, Esq., Lead Construction Attorney, Office of the General Counsel, 1940 North Monroe Street, Suite 60, Tallahassee Florida 32399, on or before 5:00 p.m., this us day of Mdevember , 2001. ae

Docket for Case No: 01-001203PL
Issue Date Proceedings
Nov. 08, 2001 Final Order filed.
Jul. 17, 2001 Recommended Order issued (hearing held June 7, 2001) CASE CLOSED.
Jul. 17, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jun. 29, 2001 Petitioner`s Proposed Recommended Order (filed via facsimile).
Jun. 20, 2001 Transcript filed.
Jun. 07, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
May 30, 2001 Petitioner`s Witness List (filed via facsimile).
Apr. 27, 2001 Order of Pre-hearing Instructions issued.
Apr. 27, 2001 Notice of Hearing issued (hearing set for June 7, 2001; 9:30 a.m.; Panama City, FL).
Apr. 19, 2001 Petitioner`s Unilateral Response to Initial Order (filed via facsimile).
Apr. 06, 2001 Initial Order issued.
Mar. 30, 2001 Initial Order issued.
Mar. 29, 2001 Letter to S. Stewart from W. Janas regarding complaint made by R. Springer filed.
Mar. 29, 2001 Election of Rights filed.
Mar. 29, 2001 Administrative Complaint filed.
Mar. 29, 2001 Agency referral filed.

Orders for Case No: 01-001203PL
Issue Date Document Summary
Nov. 05, 2001 Agency Final Order
Jul. 17, 2001 Recommended Order Clear and convincing evidence indicates that Respondent contracted to perform construction work in a jurisdiction in which he was not licensed and failed to return unearned portion of down payment for said construction work.
Source:  Florida - Division of Administrative Hearings

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