Florida Department of Transportation 7, JEB BUSH TO ABREU GOVERNOR SECRETARY 605 Suwannee Street Tallahassee, FL 32399-0450 March 9, 2004 Honorable Susan F. Hood Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 DEALERS EQUIPMENT CLUTCH COMPANY DOAH CASE NO.: 03-3588 clase | DOT CASE NO.: 03-061 S¥ H ° de © Dear Ms. Hood: Enclosed is a copy of the Final Order, filed March 9, 2004, in the above-styled case. Sincerely, an C. Prgere? James C. Myers Clerk of Agency Proceedings (850) 414-5393 jem:m Attachment(s) www dot.state.fl.us @ RECYCLED PAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Haydon Burns Building 605 Suwannee Street Tallahassee, Florida DEALERS EQUIPMENT CLUTCH COMPANY, Petitioner, DOAH CASE NO.: 03-3588 vs. DOT CASE NO.: 03-061 DEPARTMENT OF TRANSPORTATION, Respondent. / FINAL ORDER This proceeding was initiated by Petitioner, DEALERS EQUIPMENT CLUTCH COMPANY (hereinafter DEALERS), filing a request for a formal administrative hearing with the Respondent, DEPARTMENT OF TRANSPORTATION (hereinafter DEPARTMENT), on May 15, 2003. The request was filed in response to a denial on April 23, 2003, by the DEPARTMENT of further relocation benefits to DEALERS. The denial letter informed DEALERS of its right to request an administrative hearing. DEALERS’ first request for an administrative hearing was denied as untimely. On August 8, 2003, DEALERS filed an amended request for an administrative hearing, alleging that it had been discouraged from timely filing a request for an administrative hearing by a DEPARTMENT employee. The request for an administrative hearing was forwarded to the Division of Administrative Hearings, and a hearing was held on January 6, 2004. Page 1 of 3 a oN FINDINGS OF FACT 1, The hearing was convened on January 6, 2004. 2. After the DEPARTMENT’S presentation of its case in chief, DEALERS withdrew its request for an administrative hearing without presenting its case. 3. DEALERS asserted that all disputed issues of material fact had been resolved. 4, The administrative law judge issued an Order Closing File on January 7, 2004. CONCLUSIONS OF LAW 1. The DEPARTMENT has jurisdiction over the subject matter of and the parties to this proceeding pursuant to Chapter 120, Florida Statutes. 2. There are no disputed issues of material fact. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, it is ORDERED that the request for a formal administrative hearing filed by the Petitioner, DEALERS EQUIPMENT CLUTCH COMPANY, is dismissed. DONE AND ORDERED this 974 day of March, 2004. lon JOSE A U, P. E. Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 30:6 HY 6- UN P0U2 Page 2 of 3 WAT) “LOC asd rrr erty et eee pu SSSR: NOTICE OF RIGHT TO APPEAL THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE BY FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT’S CLERK OF AGENCY PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. -58, TALLAHASSEE, FLORIDA 32399-0458, WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER Copies furnished to: J. Ann Cowles, Esquire Assistant General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Honorable Susan F. Hood Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Richard Eddleman, State Administrator for Relocation Assistance Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 22 Tallahassee, Florida 32399-0422 Robert W. Holsclaw, President Dealers Equipment Clutch Company 476 May Street Jacksonville, Florida 32204 Page 3 of 3 Florida Department of Transportation JEB BUSH 605 Suwannee Street JOSE ABREU GOVERNOR Tallahassee, FL 32399-0450 SECRETARY MEMORANDUM: DATE: March 1, 2004 TO: Assistant Secretary for Transportation Support Lowell Clary eG ing Assistant Secretary for Intermodal Systems Ysela Lle Developpient Sarah Strickland, Chief of Staff FROM: José Abreu, Secretary \ ~° COPIES: Executive Board and Committee, Personnel, Legal SUBJECT: DELEGATION OF AUTHORITY FOR SECRETARY JOSE ABREU You are delegated signature and approval authority anytime during our absence from the office. Signature should be made "in your name for the Secretary of Transportation." This delegation will remain in effect until rescinded by me. In the event all of you are out of the office, signature authority is delegated to Marion Hart and Freddie Simmons. Please ensure all documents requiring signature and/or approval under this delegation are forwarded to my office for proper coordination/logging prior to signing and also provide a reading file copy of any documents you sign. ’ JA: mb wuw.det state fhus Birceveieo parca

Docket for Case No: 03-003588