Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Respondent: CAR MECHS, INC.
Judges: DANIEL MANRY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: Oct. 05, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 1, 2005.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA : ; v4
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR ventc.is. woes
DIVISION OF MOTOR VEHICLES Ay
DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES, DIVISION pa
OOF MOTOR VEHICLES,
Petitioner, Case No.: DMV-05-640
License No.: VI-27813
Vv.
CAR MECHS, INC., OS - X03 3-
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor
Vehicles, files this Administrative Complaint against Car Mechs, Inc., Respondent, and alleges:
1. Petitioner is the state agency charged with regulating the business of buying,
selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale, pursuant to
section 20.24 and chapter 320, Florida Statutes and Rules 15-2.001 and 28-107.004, Florida
Administrative Code.
2. Petitioner also has the authority to impose remedies for section 559.921(4),
Florida Statutes, against motor vehicle repair shops registered with the Department of
Agriculture and Consumer Services who are also motor vehicle and recreational vehicle dealers
licensed under chapter 320.
3. Respondent is, and has been at all times material hereto, a licensed independent
motor vehicle dealer in the State of Florida, having been issued license number V1-27813, based
upon the application identifying Abir Halleak, as President of the dealership. The address of
record is 920 Highway 17-92 North, Longwood, Florida 32750.
4. Respondent also is, and has been at all times material hereto, a motor vehicle
repair shop registered with the Department of Agriculture and Consumer Services, pursuant to
Chapter 559, Florida Statues and engaged or attempting to engage in the business of motor
vehicle repair work.
COUNT ONE
5. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in the paragraphs above.
6. On or about March 8, 2005, Valentina Realin entered into an agreement with Car-
Mechs to have piping and muffler replaced on her 2000 Toyota Celeca GT.
7. The repair cost exceeded $100.00 and Car-Mechs did not provide Ms. Realin with
a written estimate as required by Statute.
8. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida
Statutes, through a violation of section 559.905(1), Florida Statutes, by failing to prepare a
written estimate and provide disclosures prior to the work being conducted.
COUNT TWO
9. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one, two, three, four, and six, above.
10. After repairs were made Respondent provided Ms. Realin an invoice charging
$300.00 to replace the muffler and piping from the headers to the rear of the vehicle.
11. On or about March 9, 2005, Ms. Realin returned to Car Mechs because the engine
check light was on.
12. Onor about March 12, 2005, Car Mechs conducted a vehicle diagnostic test on
Ms. Realin’s vehicle which indicated that the vehicle had no catalytic converter.
13. Ms. Realin attempted to get Car Mechs to replace the catalytic converter that she
felt they removed. Car Mechs refused stating that they did not remove the catalytic converter
and they only replaced piping from the muffler to the rear of the vehicle.
14. On or about June 16, 2005, Kraig Allen, Investigator for the Department of
Agriculture and Consumer Services conducted an on-site investigation at Car Mechs.
Investigator Allen interviewed Mo Halleak, who alleged that he did not do anything to the
catalytic converter and only replaced the muffler and piping from the muffler to the rear of the
vehicle. This statement is inconsistent with the invoice that was produced on March 8, 2005,
which states the piping was to be replaced from the headers to the rear of the vehicle.
15. | Car Mechs charged Ms. Realin $300.00, to replace the piping system from the
headers to the rear of the vehicle, and by their own admission, only replaced the piping from the
muffler to the rear of the vehicle.
16. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida
Statutes, through a violation of section 559.920(3), Florida Statutes, by misrepresenting that
repairs had been made to a motor vehicle, whereas Car Mechs was paid to replace the muffler
and piping from the headers to the rear of the vehicle, but only replaced piping from the catalytic
converter to the rear of the vehicle.
EXPLANATION OF RIGHTS
You have the right to request a hearing to be conducted in accordance with sections
120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified
representative, to present evidence and argument, to call and cross-examine witnesses, and to
have subpoena(s) and subpoena(s) duces tecum issued on your behalf if a hearing is requested.
In response to the allegations set forth above, you must make one of the following elections and
file your response within twenty-one (21) days from the date of your receipt of this
Administrative Complaint. Please make your election on the enclosed Election of Rights form
and ensure the Department receives it within 21 days.
1. If you admit the material fact(s) alleged in this Administrative Complaint, you may
request a hearing, pursuant to section 120.57(2), Florida Statutes, before the Division of Motor
Vehicles Hearing Officer. At this hearing, you would be given an opportunity to challenge the
conclusions of law and/or present either written and/or oral evidence in mitigation of any
proposed penalty. A request for this type of hearing, in which no material facts are in dispute
should be directed to the Department by checking the appropriate space, marked as “1” on the
Election of Rights form and ensuring the Department receives it within 21 days from the date of
your receipt of this Administrative Complaint.
2. If you dispute any material fact alleged in this Administrative Complaint, you must
present sufficient evidence of your dispute and you may request a hearing, pursuant to section
120.57(1), Florida Statutes, at the Division of Administrative Hearings before an Administrative
Law Judge. A request for this type of evidentiary hearing, in which material facts are in dispute,
should be directed to the Department by checking the appropriate space, marked as “2” on the
Election of Rights form, specifyin ial allegations of fact you are disputing and
ensuring the Department receives it within 21 days from the date of your receipt of this
Administrative Complaint. If you elect an evidentiary hearing, you must keep the Department
informed of your current mailing address; failure to do so may be considered a waiver of your
right to an evidentiary hearing.
3. If you wish to settle this matter now, indicate this by checking the appropriate space,
marked as “3” on the Election of Rights form and ensure the Department receives it, along with
arly required check made payable to the Division of Motor Vehicles, and the signed Settlement
Stipulation within 21 days from the date of your receipt of this Administrative Complaint.
In the event you fail to file your election in this matter with the Department within 21
days from your receipt of this Administrative Complaint, your failure may be considered a
waiver of your right to dispute the alleged facts and the Department may proceed to enter a
Final Order.
Pursuant to Section 120.573, Florida Statutes, mediation is not available for this
proceeding.
WHEREFORE, the Department hereby gives notice of its intent to enter an Order
imposing one or more of the following penalties: revocation or suspension of Respondent's
independent motor vehicle dealer license number VI-27813, impositicn of an administrative fine,
and/or any other relief deemed appropriate.
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Xe clus all), f Pal _
Carl A. Ford, Director
Division of Motor Vehicles
Department of Highway Safety and
Motor Vehicles
Neil Kirkman Building, Room B439, MS 60
Tallahassee, Florida 32399-0600
Filed in the official records of the
Division of Motor Vehicles
this 25% day of August, 2005.
CAF:gmw
Copies furnished:
Donn Lund
Regional Administrator
Dealer Licensing
By certified mail to:
Abir Halleak, President
Car Mechs, Inc.
920 Highway 17-92 North
Longwood, Florida 32750
Abir Halleak, President
Car Mechs, Inc.
5642 Catskill Court
Winter Springs, Florida 32708-5078
Tony McDowell, Investigations Supervisor
Bob Crawford Agricultural Center
605 E. Main Street
Bartow, Florida 33830
g:\dir\hearingofficer\2005\carmechsinc\ac
Docket for Case No: 05-003652
Issue Date |
Proceedings |
Dec. 15, 2005 |
Final Order filed.
|
Dec. 01, 2005 |
Order Closing File. CASE CLOSED.
|
Nov. 29, 2005 |
CASE STATUS: Hearing Held. |
Nov. 22, 2005 |
Prehearing Stipulation filed.
|
Oct. 19, 2005 |
Order of Pre-hearing Instructions.
|
Oct. 19, 2005 |
Notice of Hearing (hearing set for November 29, 2005; 9:30 a.m.; Orlando, FL).
|
Oct. 12, 2005 |
Response to Initial Order filed.
|
Oct. 05, 2005 |
Initial Order.
|
Oct. 05, 2005 |
Administrative Complaint filed.
|
Oct. 05, 2005 |
Respondent`s Answer filed.
|
Oct. 05, 2005 |
Election of Rights filed.
|
Oct. 05, 2005 |
Agency referral filed.
|