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DAVID F. RHEAUME vs ELECTRICAL CONTRACTORS` LICENSING BOARD, 06-002316 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002316 Visitors: 32
Petitioner: DAVID F. RHEAUME
Respondent: ELECTRICAL CONTRACTORS` LICENSING BOARD
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Jun. 28, 2006
Status: Closed
Recommended Order on Thursday, March 8, 2007.

Latest Update: Nov. 07, 2019
Summary: The issue presented is whether Petitioner's application to qualify two additional business entities should be granted.Petitioner failed to demonstrate the capacity and intent to adequately supervise proposed additional businesses qualifying under his license.
AGC - Filing For: ELECTRICAL CONTRACTOR - 9/4/2007 - 2007-06932 - - RHEAUME, DAVID F - FINAL ORDER


FINAL ORDER


This matter came before the Electrical Contractors' Licensing Board (hereinafter "the Board"}, at a duly noticed public meeting held on May 17, 2007, in Cocoa Beach, Florida, for consideration of the hearing officer's Recommended Order regarding the petitions of David F. Rheaume (hereinafter "Petitioner"), for formal hearing regarding his applications to qualify Dolphin Electric of SW Florida, Inc., and Mill Electrical Contractors, Inc., as an additi nal business entities.

On April 27, 2006, the Board filed two Notices of Intent to Deny Petitioner's applications to qualify the aforementioned additional businesses. The Petitioner, timely requested evidentiary hearings before the Division of Administrative Hearings (DOAH) and these matters were transferred to DOAH. On September 7 and November 9, 2006, administrative hearings were held before the Honorable Lawrence P. Stevenson, Administrative Law Judge. Judge Stevenson's Recommended Ord r in this matter was filed with DOAH on March 8, 2007. There were no exceptions filed by either party. Based on its consideration of the entire record, the Board makes the following findings of facts and conclusions of law:

FINDINGS OF FACT


  1. The Board hereby adopts the finding of facts contained in paragraphs one


    (1) through seventeen (17) of the Recommended Order as the Board's findings of facts.


    Page 1 of 3


    Filed November 7, 2019 1:26 PM Division of Administrative Hearings

  2. There is competent substantial evidence to support the Board's findings of


facts.


CONCLUSIONS OF LAW


  1. The Board hereby adopts the conclusions of law contained in paragraphs eighteen (18) through twenty-three (23) of the Recommended Order as the Board's conclusions of law.

  2. There is competent substantial evidence to support the Board's


conclusions of law.


ORDER


The Board hereby adopts the Hearing Officer's Recommendation as the Board's decision on the Petitioner's applications.

\ IT IS THEREFORE ORDERED


That Petitioner's applications to qualify Dolphin Electric of SW Florida, Inc., and Mill Electric Contractors, Inc., as additional business entities are DENIED.

This Final Order shall become effective upon filing with the Clerk for the


Department of Business and Professional Regulation.

DONE AND ORDERED thisart day of _ .._u-=--y/ ,


, 2007.


ELECTRICAL CONTRACTORS'LICENSING BOARD

1940 North Monroe Street Tallahassee, FL 32399-0771


irector,

for Clarence K. Tibbs, Acting Chair


Page 2 of 3


NOTICE OF RIGHT TO APPEAL


THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY ANY PARTY 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

I

DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, WITHIN THIRTY (30) DAYS

OF RENDITION OF THIS ORDER.


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail to: David F. Rheaume, 12505 Sunbury Drive, Ft. Myers, Florida 33901 and Howard Andrew Swett, Esquire, 1625 Hendry Street, Suite 301, Ft. Myers,

Florida 33901; and by interoffice mail to Reginald D. Dixon, Assistant Attorney

'

General, Administrative Law Section, PL-01 The Capitol, Tallahassee, Florida 32399-

1050,_this l.f-fl,,.day of 1"72007.



C \Documents and Settmgs\Re991e\My Documents\5 07 FO Rheaume Deny 2NTT rtf


Page 3 of 3


Docket for Case No: 06-002316
Issue Date Proceedings
Nov. 07, 2019 Agency Final Order filed.
Mar. 08, 2007 Recommended Order (hearing held September 7 and November 9, 2006). CASE CLOSED.
Mar. 08, 2007 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 26, 2006 Respondent`s Proposed Final Order filed.
Dec. 26, 2006 Petitioner`s Proposed Recommended Order filed.
Dec. 13, 2006 Transcript filed.
Dec. 06, 2006 Notice of Appearance (filed in Case No. 06-2317 by H. Swett).
Dec. 06, 2006 Notice of Appearance (filed by H. Swett).
Nov. 09, 2006 CASE STATUS: Hearing Held.
Sep. 18, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 9, 2006; 9:00 a.m.; Fort Myers, FL).
Sep. 07, 2006 CASE STATUS: Hearing Partially Held; continued to November 9, 2006.
Sep. 06, 2006 Motion for Continuance filed.
Sep. 06, 2006 Notice of Appearance (filed by H. Swett).
Sep. 01, 2006 Respondent`s Pre-hearing Statement filed.
Aug. 25, 2006 Pre-hearing Stipulation filed.
Jul. 25, 2006 Order of Pre-hearing Instructions.
Jul. 25, 2006 Notice of Hearing (hearing set for September 7, 2006; 9:00 a.m.; Fort Myers, FL).
Jul. 13, 2006 Order of Consolidation (DOAH Case Nos. 06-2316 and 06-2317).
Jul. 10, 2006 Response to Initial Order filed.
Jul. 10, 2006 Joint Response to Initial Order filed.
Jun. 29, 2006 Initial Order.
Jun. 28, 2006 Notice of Intent to Deny filed.
Jun. 28, 2006 Petition (Dolphin Electric of SW Fla, Inc.) filed.
Jun. 28, 2006 Election of Rights filed.
Jun. 28, 2006 Referral for Hearing filed.

Orders for Case No: 06-002316
Issue Date Document Summary
Sep. 04, 2007 Agency Final Order
Mar. 08, 2007 Recommended Order Petitioner failed to demonstrate the capacity and intent to adequately supervise proposed additional businesses qualifying under his license.
Source:  Florida - Division of Administrative Hearings

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