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RONALD J. PALAMARA vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 02-001268 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001268 Visitors: 23
Petitioner: RONALD J. PALAMARA
Respondent: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Judges: MICHAEL M. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Dec. 15, 2003
Status: Closed
Recommended Order on Thursday, December 9, 2004.

Latest Update: Jan. 19, 2005
Summary: Whether the application of Ronald J. Palamara (“Palamara”) for licensure as a yacht and ship broker under Chapter 326, Florida Statutes, should be granted or denied.Respondent failed to demonstrate that he was a person of good moral character. Recommend that his license be denied.
02-1268Reopen.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


RONALD J. PALAMARA,


Petitioner,


vs.


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,


Respondent.

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) Case No. 02-1268

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ORDER REOPENING FILE PURSUANT TO MANDATE OF APPELLATE COURT


On December 11, 2003, the Respondent filed a motion seeking to have the Division of Administrative Hearings reopen the file in the above-styled case for the purpose of conducting further proceedings consistent with the appellate court opinion issued on October 8, 2003. On December 15, 2003, a telephone conference was conducted for the purpose of allowing counsel for all parties to express their views as to what further action was necessary, as well as when and how such action should be taken. Upon consideration of the comments of counsel, the undersigned is of the view that a supplemental recommended order should be prepared to address certain issues raised by the appellate court opinion. The undersigned is also of the view that the supplemental recommended order should be based on further consideration of the existing record, without receiving additional evidence. Consistent with the foregoing, it is ORDERED:


  1. That by no later than 10 days from the date of this order, the Respondent shall file with the Division of Administrative Hearings a copy of the record in this case.


  2. That each party may file a memorandum of law setting forth what action the party believes should be taken by the administrative law judge. Such memorandums shall be filed by no later than 10 days from the date on which the record is filed with the Division of Administrative Hearings.

DONE AND ORDERED this 15th day of December, 2003, in Tallahassee, Leon County, Florida.

S

MICHAEL M. PARRISH

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 15th day of December, 2003.


COPIES FURNISHED:


Joseph S. Garwood, Esquire Department of Business and Professional Regulation

The Augusta Building

8685 Northwest 53rd Terrace, Suite 100

Doral, Florida 33166


Barry M. Silver, Esquire

1200 South Rogers Circle, Suite B Boca Raton, Florida 33487-5703


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Docket for Case No: 02-001268
Issue Date Proceedings
Jan. 19, 2005 Petitioner`s Exceptions to the Revised Order filed.
Dec. 09, 2004 Revised Recommended Order Following Remand from Appellate Court. CASE CLOSED.
Dec. 09, 2004 Recommended Order following remand from appellate court cover letter identifying the hearing record referred to the Agency.
May 05, 2004 Respondent`s Motion for Entry of Amended Recommended Order Pursuant to Appellate Mandate (filed via facsimile).
Jan. 12, 2004 Respondent`s Memorandum of Law in Support of a Finding that the Division did not Abuse its Discretion in Denying Palamara a Yacht and Ship Broker`s License (filed via facsimile).
Jan. 12, 2004 Memorandum of Law (filed by Petitioner via facsimile).
Jan. 07, 2004 Respondent`s Notice of Filing Appellate Record (filed via facsimile).
Jan. 05, 2004 Respondent`s Record on Appeal and Index filed.
Dec. 15, 2003 Order Reopening File Pursuant to Mandate of Appellate Court (file via facsmilie). CASE REOPENED.
Dec. 11, 2003 Respondent`s Motion to Reopen Case Pursuant to Appellate Mandate (filed via facsimile).
Oct. 17, 2002 Final Order filed.
Sep. 12, 2002 Respondent`s Exceptions to Recommended Order (filed via facsimile).
Sep. 03, 2002 Recommended Order issued (hearing held June 21, 2002) CASE CLOSED.
Sep. 03, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Aug. 13, 2002 Respondent`s Proposed Recommended Order filed.
Aug. 12, 2002 Petitioner`s Proposed Recommended Order (filed via facsimile).
Jul. 26, 2002 Letter to A. Cole from J. Brown enclosing exhibits filed.
Jul. 18, 2002 Memorandum to Parties from Judge Parrish advising that due date for filing proposed recommended order is August 12, 2002 issued.
Jul. 12, 2002 Transcript 1 Volume filed.
Jul. 03, 2002 Order Extending Time issued. (deadline for filing proposed recommneded orders will be the earlier of either 30 days from filing the transcript or August 16, 2002)
Jun. 28, 2002 Respondent`s Amended Motion for Extension of Time for Filing Proposed Recommended Order (filed via facsimile).
Jun. 28, 2002 Respondent`s Motion for Extension of Time for Filing Proposed Recommended Orders (filed via facsimile).
Jun. 21, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jun. 18, 2002 Respondent`s Third Motion for Official Recognition (filed via facsimile).
Jun. 18, 2002 Respondent`s Response to Petitioner`s "Notice of Dates Available for Hearing" (filed via facsimile).
Jun. 17, 2002 Response to Second Motion for Official Recognition (filed by Petitioner via facsimile).
May 31, 2002 Order issued. (respondent`s motion for summary recommended order or to relinquish jurisdiction is denied, petitioner`s motion seeking an extension to file his response is granted.)
May 29, 2002 Motion to Enlarge Time to Respond to Second Motion for Official Recognition filed by Petitioner.
May 29, 2002 Petitioner`s Response to "Petitioner`s" Motion for Official Recognition filed.
May 29, 2002 Ronald J. Palamara Response to First Request for Admissions filed.
May 20, 2002 Letter to J. Brown from J. Garwood advising a conference call with Judge Parrish. (filed via facsimile).
May 17, 2002 Petitioner`s Second Motion for Official Recognition filed.
May 17, 2002 Notice of Unavailability filed by Petitioner.
May 16, 2002 Respondent`s Response to Petitioner`s Response to Motion for Summary Recommended Order to Relinquish Jurisdiction to Respondent and Request for Motion Hearing on the Merits (filed via facsimile).
May 14, 2002 Respondent`s Motion for Summary Recommended Order or to Relinquish Juridiction to Respondent (filed via facsimile).
May 02, 2002 Petitioner`s Motion for Official Recognition filed.
Apr. 30, 2002 Cancellation of Deposition, R. Palamara (filed via facsimile).
Apr. 25, 2002 Notice of Taking Deposition, R. Palamara (filed via facsimile).
Apr. 05, 2002 Notice of Hearing issued (hearing set for June 21, 2002; 8:45 a.m.; Fort Lauderdale, FL).
Apr. 04, 2002 Corrected Notice of Service of Discovery (filed by Petitioner via facsimile).
Apr. 03, 2002 Petitioner`s Response to the Initial Order (filed via facsimile).
Apr. 03, 2002 Notice of Service of Discovery filed by Petitioner
Mar. 27, 2002 Initial Order issued.
Mar. 26, 2002 Notice of Intent to Deny License Application filed.
Mar. 26, 2002 Request for Formal Hearing filed.
Mar. 26, 2002 Agency referral filed.

Orders for Case No: 02-001268
Issue Date Document Summary
Dec. 09, 2004 Second RO Respondent failed to demonstrate that he was a person of good moral character. Recommend that his license be denied.
Dec. 15, 2003 Other
Oct. 29, 2003 Other
Oct. 14, 2002 Agency Final Order
Sep. 03, 2002 Recommended Order Greater weight of the evidence shows applicant to be a person of good moral character.
Source:  Florida - Division of Administrative Hearings

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