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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTORS LICENSING BOARD vs JOHN W. KEMPER, 03-000885PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000885PL Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTORS LICENSING BOARD
Respondent: JOHN W. KEMPER
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Naples, Florida
Filed: Mar. 12, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 29, 2003.

Latest Update: Nov. 11, 2024
STATE OF FLORIDA AR A. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Ay y Antite. Ig DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 1999-08900 ; vs. O %-O \ JOHN W. KEMPER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Electrical Contractors’ Licensing Board, against, Respondent, JOHN W. KEMPER, ("Respondent"), and says: 1. Petitioner is the State agency charged with regulating the practice of Architecture pursuant to Section 20.165, Chapter 455, and Chapter 481, Florida Statutes. 2. At all times material hereto Respondent was licensed as an architect pursuant to Chapter 481, Florida Statutes. His license number is AROO14980. 3. At all times material hereto Respondent was the licensed architect responsible for a licensed architecture business known as Allen Associates, which was issued license number AA 0003176 on October 9, 1998. At all times material hereto, Allen Associates has been located in Naples, Florida. 4. Respondent’s official address of record with the Petitioner is 790 Farmington Avenue, Farmington, Connecticut 06032. 5. The Respondent's full time or primary residence is in Farmington, Connecticut. 6. At a meeting of the probable cause panel of the Board of Architecture and Interior Design, held on May 17, 2002, and in correspondence with the Petitioner, the Respondent has admitted that he "was visiting the Naples office less than full time" while he was the responsible supervising architect. 7. The admission referenced in paragraph seven (7) demonstrates that the Respondent was not exercising responsible supervising control over the architecture practice at Allen Associates. 8. The Respondent has failed to exercise responsible supervising control as defined in Rule 61G1-23.010, F.A.C., over the practice of architecture by the organization for which he is the responsible supervising architect. 9. Rule 61G1-23.010, Florida Administrative Code requires that, prior to sealing and signing architectural documents, the responsible supervising architect must have personally supervised , or personally assisted the preparation of such documents. 10. Based upon the foregoing, the Respondent has violated Subsection 481.225(1)(a), Florida Statutes, by violating Rule 61G1-23.010, Florida Administrative Code. WHEREFORE, Petitioner respectfully requests the Department to enter an Order imposing one or more of the following penalties: impose an administrative fine, administrative costs, impose any or all penalties delineated within Section 455.228(1), Florida Statutes, and/or any other relief that is authorized pursuant to Chapters 481, 455, Florida Statutes, and/or the rules aan eunder. Signed this day of ove FIL . . . Deparment fu TERK Regulation hoe

Docket for Case No: 03-000885PL
Issue Date Proceedings
Jun. 02, 2003 Notice of Serving Responses to Petitioner`s First Requests for Admissions filed by Respondent
May 29, 2003 Order Closing File issued. CASE CLOSED.
May 29, 2003 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 28, 2003 Notice of Serving Responses to Petitioner`s First Request for Admissions (filed by Respondent via facsimile).
May 27, 2003 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 27, 2003 Notice of Taking Deposition Duces Tecum, T. Manausa filed.
May 15, 2003 Respondent`s Response to the Court`s Request filed.
May 14, 2003 Order Denying Continuance issued.
May 09, 2003 Petitioner`s Response to the Court`s Request (filed via facsimile).
May 01, 2003 Motion for Continuance filed by Petitioner.
Apr. 15, 2003 Amended Notice of Hearing issued. (hearing set for May 30, 2003; 9:00 a.m.; Naples, FL, amended as to Day).
Apr. 09, 2003 Order of Pre-hearing Instructions issued.
Apr. 09, 2003 Notice of Hearing issued (hearing set for May 20, 2003; 9:00 a.m.; Naples, FL).
Apr. 08, 2003 Response to Initial Order filed by D. Minacci.
Mar. 12, 2003 Election of Rights filed.
Mar. 12, 2003 Administrative Complaint filed.
Mar. 12, 2003 Referral Letter, Notice of Appearance filed.
Mar. 12, 2003 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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