Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: AMERICAN AUTO GLASS NETWORK, INC.
Judges: PATRICIA M. HART
Agency: Department of Agriculture and Consumer Services
Locations: Lauderdale Lakes, Florida
Filed: Oct. 05, 2007
Status: Closed
Recommended Order on Tuesday, March 11, 2008.
Latest Update: May 29, 2009
Summary: Whether the Respondent committed the violations alleged in the Administrative Complaint dated August 23, 2007, and, if so, the penalty that should be imposed.The agency failed to prove that the Respondent engaged in the business of motor vehicle repair. The Respondent was not, therefore, required to register as a motor vehicle repair shop and did not violate statute.
07004597 AFOSTATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
Petitioner,
v.
AMERICAN AUTO GLASS NETWORK, INC.,
Respondent.
/
DOAH Case No. 07-4597 DACS Case No. 0706-17902
Agency Clerk No. A51178
FINAL ORDER
THIS MATIER came before the Department of Agriculture and Consumer Services ("Department"), pursuant to §120.57(1 ), Florida Statutes, m Tallahassee, Florida, for consideration of the Recommended Order issued on March 11, 2008, by the Division of Administrative Hearings ("DOAH") in the above-captioned case, a copy of which is attached and incorporated as Exhibit "A." Upon consideration of the Recommended Order after a review of the complete record, and being otherwise duly advised in the premises, the Department makes the following findings , rulings, and conclusions:
RULINGS ON EXCEPTIONS
No exceptions were filed by either party.
FINDINGS OF FACT
The Recommended Findings of Fact in Exhibit "A" are incorporated by reference and adopted in toto as the findings of fact of the Department.
CONCLUSIONS OF LAW
The Department has jurisdiction over the parties and subject matter pursuant to
§§559.901 - 559.9221, Florida Statutes.
1
Filed May 29, 2009 1:15 PM Division of Administrative Hearings.
The Recommended Conclusions of Law in Exhibit "A" are incorporated and adopted in toto as the conclusions of law of the Department.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, the Administrative Complaint pending in this matter is DISMISSED.
Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.110. Review proceedings must be instituted by filing a Petition or Notice of Appeal with the Clerk, Room 515 Mayo Building, Tallahassee, Florida 32399-0800, and a copy of the
same with the appropriate District Court of Appeal within thirty (30) days ofrendition of this
Order.
DONE AND ORDERED this
day of
7 ,2008.
CHARLESH.BRONSON
C IONER O AGRICULTURE
TERRY C. RHODES ASSISTANT COMMISSIONER
.
Filed with the Clerk, this '-/_L_(
Copies by UPS Ground delivery to: American Auto Glass Network, Inc.
c/o Magdalena Gore, as Registered Agent 873 Orchid Dr., Plantation, FL 33317.
And; by hand delivery to:
day of
10 .//J
v' r/&
Agency Clerk
, 2008.
LuAnn Stiles, Director, Division of Consumer Services
2
Docket for Case No: 07-004597
| Issue Date |
Proceedings |
|
May 29, 2009 |
(Agency) Final Order filed.
|
|
Mar. 11, 2008 |
Recommended Order (hearing held December 13, 2008). CASE CLOSED.
|
|
Mar. 11, 2008 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
Feb. 11, 2008 |
Petitioner`s Proposed Recommended Order filed.
|
|
Feb. 11, 2008 |
Letter to Judge Hart from M. Gore regarding proposed decision filed.
|
|
Feb. 06, 2008 |
Transcript filed. |
|
Feb. 01, 2008 |
Transcript filed. |
|
Jan. 23, 2008 |
Order Granting Extension of Time for Filing Proposed Recommended Orders.
|
|
Jan. 16, 2008 |
Joint Motion for Extension of Time to File Proposed Recommended Orders filed.
|
|
Dec. 13, 2007 |
CASE STATUS: Hearing Held. |
|
Dec. 05, 2007 |
Order Denying Motion to Relinquish Jurisdiction.
|
|
Dec. 05, 2007 |
Amended Notice of Hearing by Video Teleconference (hearing set for December 13, 2007; 10:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to location and Video).
|
|
Dec. 05, 2007 |
Petitioner`s Witness List filed.
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|
Dec. 05, 2007 |
Petitioner`s Motion for Official Recognition filed.
|
|
Dec. 04, 2007 |
CASE STATUS: Motion Hearing Held. |
|
Nov. 30, 2007 |
Letter to Judge Hart from M. Gore regarding retaining jurisdiction filed.
|
|
Nov. 30, 2007 |
Petitioner`s Reply to Respondent`s Objection to Motion to Relinquish Jurisdiction and Request for Hearing filed.
|
|
Nov. 30, 2007 |
Letter to Judge Hart from M. Gore objecting to having jurisdiction relinquished to Department of Agriculture filed.
|
|
Nov. 29, 2007 |
Notice of Filing Response to Petitioner`s Request for Production filed.
|
|
Nov. 27, 2007 |
Petitioner`s Motion to Relinquish Jurisdiction filed.
|
|
Nov. 20, 2007 |
Notice of Filing Discovery Responses filed.
|
|
Nov. 20, 2007 |
Petitioner`s First Set of Interrogatories filed.
|
|
Nov. 20, 2007 |
Petitioner`s First Requests for Admission filed.
|
|
Oct. 25, 2007 |
Order of Pre-hearing Instructions.
|
|
Oct. 24, 2007 |
Notice of Hearing (hearing set for December 13, 2007; 10:00 a.m.; Fort Lauderdale, FL).
|
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Oct. 19, 2007 |
Notice of Serving Respondent`s First Set of Interrogatories filed.
|
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Oct. 19, 2007 |
Petitioner`s First Request for Production filed.
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Oct. 19, 2007 |
Petitioner`s First Requests for Admission filed.
|
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Oct. 12, 2007 |
Joint Response to Initial Order filed.
|
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Oct. 05, 2007 |
Request for Administrative Hearing filed.
|
|
Oct. 05, 2007 |
Administrative Complaint filed.
|
|
Oct. 05, 2007 |
Agency referral filed.
|
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Oct. 05, 2007 |
Initial Order.
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Orders for Case No: 07-004597
| Issue Date |
Document |
Summary |
|
May 14, 2008 |
Agency Final Order
|
|
|
Mar. 11, 2008 |
Recommended Order
|
The agency failed to prove that the Respondent engaged in the business of motor vehicle repair. The Respondent was not, therefore, required to register as a motor vehicle repair shop and did not violate statute.
|
