Pos STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD : DIVISION II lal -4Z4 EL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. : Case No. 2000-01818 STANLEY REX AYEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against STANLEY REX AYEN, (“Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Registered Air Conditioning Contractor, in the State of Florida, having been issued license number RA 0053898. Sen aegis: 3. Respondent's last known address is 8851 1107H Street, Seminole, Florida, 33772. 4, At all times material hereto, Respondent was the licensed qualifier for American Design Air, Inc. 5. Section 489.1195(1)(a), Florida Statutes, provides that all Primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On January 31, 1996, the Construction Industry Licensing Board entered a Final Order Approving Settlement Stipulation in case numbers 92- 13748, 94-19934, 94-19956, 94. 19969, 94-19924, 94-19950, 94-19962, and 94-1193 against Respondent. 7. The stipulation provided, among other things, that Respondent be placed on probation for a period of two years from the date of the final. The stipulation also provided that Respondent was to make periodic personal appearances before the Board. 8. On or about February 4, 2000, in response to a probation questionnaire, Respondent submitted a letter indicating that he was not using his license, therefore, his probationary period was tolled. 9. On or about February 10, 2000, during a probation committee hearing, the Board discovered that Respondent had performed work for American Air Design, Inc. during’ the tolled probationary period, 10. By performing work during his tolled probationary period, Respondent has committed misconduct. 11. Based on the foregoing, Respondent has violated Section 489.129(1)(m), Florida Statutes, by committing inco mpetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), . Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this LS 4 day of 2000. Assistant General Counsel COUNSEL FOR DEPARTMENT: D Ellen C. Marino, Assistant General Counsel F | ssional Regulation Robert A. Crabill, Assistant General Counsel Department of 2 TERK Department of Business and D Professional Regulation Brardelll ANhcolt 1940 North Monroe Street cu rardon Northwood Centre —\ 2-22-2000 _ Tallahassee, FL 32399-2202 DATE ECM/sme Sore Case #2000-01818

Docket for Case No: 01-003023PL