Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: JASON CHRISTOPHER KENNY, D/B/A CUTTING EDGE CONSTRUCTION, LLC
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Lakeland, Florida
Filed: Jan. 09, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 19, 2008.
Latest Update: Dec. 24, 2024
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STATE OF FLORIDA
PAGE @5/22
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BO
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No.
JASON CHRISTOPHER KENNY,
D/B/A CUTTING EDGE CONSTRUCTION, LLC,
Respondent.
/
ADMINISTRATIVE COMPLAINT
2006-032217
2006-03 8611
2006-038373
2006-038365
2006-032264
2006-032190
Petitioner, DEPARTMENT OF BUSINESS AND | PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint before the
Construction Industry Licensing Board, against JASON CHRISTOPHER KENNY .
("Respondent"), and says:
1. Petitioner is the state agency charged with regulating the practice of
contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489,
Florida Statutes.
2. Respondent is, and has been at all times material |hereto, a Certified
Building Contractor in the State of Florida, having been issued license number CB
C1252128.
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FACTS PERTAINING TO CASE NO, 2006-032217
10. On or about November 10, 2005, Respondent, doing business as Cutting
Edge, entered into a contract with Frank C. Blum ("Blum") to rebuild a hurricane
damaged screen enclosure at Mr. Blum's residence located at 20096) Back Nine Drive,
Boca Raton, Flonda 33498.
. li. The contract did not include notification of the Florida Homeowner's
Construction Recovery Fund.
12. The contract price was $12,796.00, of which Mr. Blum paid in full to
Respondent on or about December 22, 2005.
13. On or about January 25, 2006, Respondent applied for|a permit with the
Palm Beach County Building Departinent, but the permit was never issued duc to errors
in the engineering specifications, which Respondent failed to correct.
14. Despite not having a permit, Respondent commenced and completed work
on the project by rebuilding the screen enclosure.
15. Despite being paid the entire contract price, Respondent abandoned the
contract by constructing a project that fails to meet Palm Beach County Building Codes
and failing to return to correct the code violations and obtain inspections.
16. Atall times material hereto, Respondent failed to refund) any money to Mr.
Blum.
COUNT
17. Petitionor re-alleges and incorporates the allegations set forth in paragraphs
1 through 6 and 10 through 16 above as fully set forth herein.
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18. Section 489.1425(1), Floiida Statutes, states that any agreement or conirect
for repair, restoration, improvement or construction to residential teal property must
contain a written statement explaining the consumer's rights under the Construction
Industries Recovery Fund, except where the value of all labor and materials does not
exceed $2,500.
19. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489,
Part I Florida Statutes, or violating a mle or lawful order of the board, by having violated
section 489.1425(1), Florida Statutes.
COUNT IO
20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs
1 through 6 and 10 through 16 above as fully set forth herein.
21. Based on the foregoing, Respondent violated section 489.129(1)(i). Florida
States, by abandoning a construction project in which the contractor is engaged or under
contract as a contractor. A project may be presumed to be abandoned after 90 days if the
contractor terminates the project without just cause or without proper motification to the
owner, including the reason for termination, or fails to perform work without just cause
for 90 consecutive days.
COUNT IV
22. Petitioner re-alleges and incorporates the allegatidns set forth in
paragraphs 1 through 6 and 10 through 16 as fully set forth herein.
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23. Based on the foregoing, Respondent violated Section 489.129(1)(0),
Florida Statutes, by proceeding on any job without first obtaining appli
building permits and inspections.
COUNT V
24, Petitioner re-alleges and incorporates the allegations set forth
paragraphs 1 through 6 and 10 through 16 above as fully set forth heel
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25. Based on the foregoing, Respondent violated section 489.129(1)Gn),
Florida Statutes, by committing incompetency or mismanagement im the practice of
contracting.
FACTS PERTAINING TO CASE NO, 2006-03861
H
26. On or about November 17, 2005, Respondent, doing business as Cutting
Edge, entered into a contract with Sol Odette ("Odette") to install a new swimming pool
screen enclosure at Mr. Odette's residence located at 17616 Chammwood Drive, Boca
Raton, Florida 33498.
27. The contract did not include notification of the Floy
Construction Recovery Fund.
ida Homeowner's
28. The contract price was $28,000.00, of which Mr. Odette paid in full to
Respondent between November 25, 2005 and December 27, 2005.
29. At all times material hereto, Respondent failed to obtai
contracted project.
30, Despite not having a permit, Respondent commenced an
on the project by rebuilding the screcn enclosure.
In a permit for the
d completed work
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31, At all times material hereto, Complainant had to pay an additional $830.00
to correct problems left behind by Respondent including a damaged patio planter box.
32. Despite being paid the entire contract price, Respondent abandoned the
contract by constructing a project that fails to meet Palm Beach County Building Codes
and failing to return to correct the code violations and obtain inspections.
33. At all times material hereto, Respondent failed to refund any money to Mr.
Odette.
COUNT VI
34. Petitioner re-alleges and incorporates the allegations set forth m
paragraphs 1 through 6 and 26 through 33 above as fully set forth herein.
35, Based on the foregoing, Respondent violated section 489.129(1)().
Florida States, by abandoning a construction project in which the contractor is engaged or
under contract as a contractor. A project may he presumed to be abandoned after 90 days
if the contractor terminates the project without just cause or without proper notification to
the owner, including the reason for termination, or fails to perform|work without just
cause for 90 consecutive days.
COUNT Vi
36, Petitioner re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 26 through 33 as though fully set forth herein.
37. Based on the foregomy, Respoudent violated Section 489.129(1)(0),
[ applicable local
Florida Statutes, by proceeding on any job without first obtainin
building permits and inspections.
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COUNT Vill
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38. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 26 through 33 above as though fully set forth herein.
39. Based on the foregoing, Respondent violated section 489.129(1)(m),
Florida Statutes, by committing incompetency or mismanagement in the practice of
contracting.
COUNT IX
40, Petitioner re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 26 through 33 above as though fully set forth herein.
41. Section 489.1425(1), Florida Statutes, states that
any agreement or
contract for repair, restoration, improvement or construction to residential real property
must contain a written statement explaining the consumer's rights under the Construction
Industries Recovery Fund, except where the value of all labor and| materials does not
exceed $2,500.
42. Based on the foregoing, Respondent violated section 489.129(1)(),
Florida Statutes, by failing in any material respect to. comply with the provisions of .
Chapter 489, Part 1, Flyida Statutes, or violating a rule or lawful order of the board, by
having violated cection 489.1425(1), Florida Statutes.
FACTS PERTAINING TO CASE NO, 2006-038
3473
43, Qn or about Jamary 25, 2006, Respondent, doing
Edge, entered into a contract with George Carson ("Carson") to
darnaged sereen enclosure at Mr. Carson's residence located at 1053
Boca Raton, Florida 33498.
business as Cutting
rebuild a humicane
Q Stonebridge Blvd.,
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44. The contract did not include notification of the Flotida Homeowner's
Construction Recovery Fund.
45, The contract price was $25,103.00, of which Mr. Carson paid $500.00 to
Respondent on or about February 10,2005. This amount paid to Respondent constitutes
approximately two percent (2%) of the contract price.
46. At all times material hereto, Respondent failed to obtain a permit for the
contracted project. |
47. Despite being paid two percent of the contract price, Respondent
abandoned the contract by failing to commence work on the project.
48. Atall times material hereto, Respondent failed to refund any money to Mr.
Carson.
49, As Respondent did not complete any of the contracted work while being
paid two percent of the contract price, the percentage of the contract| price exceeded the
percentage of contracted work completed at the time of Respondent's abandonment.
COUNT X
50. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 43 through 49 above as though fully set forth herein.
51. Section 489.1425(1), Florida Statutes, states that jany agreement or
contract for repair, restoration, improvement or construction to residential real property
must contain a written statement explaining the consumer's rights under the Construction
Industries Recovery Fund, except where the value of all labor and materials docs uot
exceed $2,500.
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52. Based on the foregoing, Respondent violated section 489.129(1)(),
Florida Statutes, by failing in any material respect to comply with the provisions of
Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by
having violated section 489.1425(1), Florida Statutes.
COUNT XI
53. Petitioner _re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 43 through 49 above as though fully set forth herei.
54. Based on the foregoing, Respondent violated section 489.129(1)(),
Florida States, by abandoning a construction project in which the contractor is engaged or
under contract as a contractor. A project may be presumed to be abandoned after 90 days
if the contractor terminates the project without just cause or without proper notification lo
the owner, including the reason for termination, or fails to perform work without just
cause for 90 consecutive days.
COUNT XII
55. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 43 through 49 as though fully set forth herein.
56. Based on the foregoing, Respondent violated section 489,129(1)(g)(2),
Florida Statutes, by committing mismanagement or misconduct in the practice of
contracting that causes financial harm to a customer. Financial mismanagement occurs
when the contractor has abandoned a customer's job and the percentage of completion is
less than the percentage of the total contract price paid to the contractor as of the lime of
abandonment, unless the contractor is entitled to retain such funds under the terms of the
contract or refunds the excess funds within 30 days after the date the job is abandoned.
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COUNT XU
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57. Potitioner re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 43 through 49 above as though fully set forth herein.
58. Based on the foregoing, Respondent violated section 489.129(1)(m),
Florida Statutes, by committing incompetency or mismanagement
contracting.
in the practice of
FACTS PERTAINING TO CASE NO. 2006-038365
59. On or about December 28, 2005, Respondent, doing business as Cutting
Edge, entered into a contract with Bernard and Ruth Kaplan ("Kaplans") to rebuild a
hurricane damaged screen enclosure at Mr. and Mrs. Kaplan's residen|
Cherry Hill Terrace, Boca Raton, Florida 33498.
re located at 19341
60. The contract did not include notification of the Florida Homeowner's
Construction Recovery Fund.
61. The contract price was $15,000.00, of which the Kaplans paid $500.00 to
Respondent on or about December 28, 2005. This amount paid to Respondent constitutes
approximately three percent (3%) of the contract price.
62. At all times material hereto, Respondent failed to obtain a penmit for the
contracted project.
63. Despite being paid two percent of the contract
abandoned the contract by failing to comimence work on the project.
price, Respondent
64. At all times material hereto, Respondent failed to refund any money to the
Eaplans.
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65. Mr. and Mrs. Kaplan were required to hire another contractor, Nexxus
Screen Enclosures, a division of U.S. Surge Protection, to conipicte the job for
$10,750.00.
66. As Respondent did not complete any of the contracted work while being
paid three percent of the contract price, the percentage of the contract
price exceeded the
percentage of contracted work completed at the time of Respondent's abandonment.
COUNT XIV
67. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs | through 6 and 59 through 66 above as though fully set forth herein.
68. Section 489.1425(1), Florida Statutes, states that
contract for repair, restoration, improvement or construction to resid
must contain a written statement explaining the consumer's sights und
Ladustries Recovery Fund, except where the value of all labor and
exceed $2,500.
any agreement or
ential real property
ex the Construction
materials does not
69. Based on the foregoing, Respondent violated section 489.129(1)(i),
Florida Statutes, by failing in any material respect to comply with the provisions of
Chapter 489, Part I, Florida Statutes, or violating a rule or Jawful order of the board, by
having violated section 489.1425(1), Florida Statutes.
COUNT XV
70. Petitioner. re-aJleges and incorporates the allegat:
paragraphs 1 through 6 and 59 through 66 above as though fully set fo
ons set forth in
rth herein.
71. Based on the foregoing, Respondent violated section 489,.129(1)q),
Florida States, by abandoning a construction project in which the contractor is engaged or
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4874258268
9 2008 10:17
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under contract as a contractor. A project may be presumed to be abandoned after 90 days
if the contractor tesminates the project without just cause or without proper notification to
the owner, including the reason for termination, or fails to perform] work without just
cause for 90 consecutive days.
COUNT XVI
72. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs | through 6 and 59 through 66 as though fully set forth herein.
23. Based on the foregoing, Respondent violated section 489.129(1)(g)(2),
Florida Statutes, by committing mismanagement or misconduct
in the practice of
contracting that causes financial harm to a customer. Financial "nn occurs
when the contractor has abandoned a customer's job and the percent
© of completion is
less than the percentage of the total contract price paid to the contractor as of the time of
abandonment, unless the contractor is entitled to retain such funds under the terms of the
contract or refunds the excess funds within 30 days after the date the j
COUNT XVI.
b is abandoned.
74, Petitioner re-alleges and incorporates the allegations set forth in
paragraphs | through 6 and 59 through 66 above as though fully set forth herein.
75, Based on the foregoing, Respondent violated section 489,129(1)(m),
Florida Statutes, by committing incompetency or mismanagement
contracting.
|
in the practice of
|
FACTS PERTAINING TO CASE NO. 2006-032264
76, On or about November 12, 2005, Respondent, doing
Edge, entered into a contract with Richard §. Portnoy ("Portnoy") to
business as Cutting
|
rebuild ia humicane
|
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damaged screen enclosure at Mr. Portnoy's residence located at 10310 Camelback Lane,
Boca Raton, Florida 33498.
77, The contract did not include notification of the Flotida Homeowner's
Construction Recovery Fund.
78. The contract price was $20,613.00, of which Mr. Portn ry paid $15,500.00
‘to Respondent between December 14, 2005 and January 24, 2006. This amount paid to
Respondent constitutes approximately seventy-five percent (75%) of the contract price.
79. At all tomes material hereto, Respondent failed to obtain a permit for the
contracted project and was issued a Notice of Violation on or about January 19, 2006, by
the Palm Beach County Code Enforcement Division for constructing fa screen enclosure
without a permit.
80. Despite not having a permit, Respondent proceeded on the job by
constructing the screen enclosure.
81. Despite being paid the entire contract price, Respondent abandoned the
contract by constructing a project that fails to meet Palm Beach County Building Codes
and failing to return to correct the code violations and obtain inspections.
82, At all times material hereto, Respondent failed to refundjany money to Mr,
Portnoy.
83. Mr. Change was required to hire another contractor, |Christopher Car,
doing business as Portal Home, to complete the job for $14,500.00.
84. As aresult of having to pay $14,500.00 to another contractor to correct
and complete the work done by Respondent while only owing a balance of $5,113.00 to
Respondent, Mr. Portnoy sustained $9,387.00 in financial harm.
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COUNT XVIHI
85. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs | through 6 and 76 through 84 above as though fully set forth herein.
86. ection 489.1425(1}, Florida Statutes, states that any agreement or
contract for repair, restoration, improvement or construction to residéntial real property
must contain a written statement explaining the consumer's rights under the Construction
Industries Recovery Fund, except where the value of all labor and materials does not
exceed $2,500.
87. Based on the foregoing, Respondent violated section 489.129(1)(1),
Florida Statutes, by failing in any material respect to comply with] the provisions of
Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by
having violated section 489.1425(1), Florida Statutes.
COUNT XVIX
88. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs | through 6 and 76 through 84 above as though fully set forth herein.
89. Based on the foregoing, Respondent violated section 489.129(1)Q),
Florida States, by abandoning a constmection project in which the contractor is engaged or
under coniract as a contractor. A project may be presumed to be abandoned after 90 days
if the contractor terminates the project without just cause or without proper notification to
the owner, including the reason for fermination, or fails to perform work without just
cause for 90 consecutive days.
COUNT XX
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90, Petitioner re-alleges and incorporates the allegations set forth in
paragraphs 1 through 6 and 76 through 84 above as though fully set forth herein.
91. Based on the foregoing, Respondent violated Section 489.129(1)(0),
Florida Statutes, by proceeding on any job without first obtaining applicable local
building permits and inspections.
COUNT XxX1
92. Petitioncr re-alleges and incorporates the allegations set forth in
paragraphs 1 throngh 6 and 76 through 84 above as though fully set forth herein.
93. Based on the foregoing, Respondent violated sect
Florida Statutes, by committing incompetency or mismanagement
contracting.
FACTS PERTAINING TO CASE NO. 2006-0321
on 489.129(1)(m),
in the practice of
0
94, On or about November 10, 2005, Respondent, doing business as Cutting
Edge, entered into a contract with David and Kim Haimowitz ("Haim
owitz") to rebuild a
hurricane damaged screen enclosure at Mr. and Mrs. Haimowitz's residence located at
10068 Harbourtown Court, Boca Raton, Florida 33498.
95, The contract did not include notification of the Flarida Homeowner’s
Constniction Recovery Fund.
96. The contract price was $15,006.00, of which Mi. Haimowitz paid
$13,000.00 to Respondent on or about January 6, 2006.
97. At all times material hereto, Respondent failed to obtain a permit for the
contracted project and was issued a Notice of Violation on or about January 19, 2006, by
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the Palm Beach County Code Enforcement Division for constructing|a screen enclosure
without a permit.
98 Despite not having a permit, Respondent proceeded on the job by
constructing the screen enclosure,
99. Despite being paid $13,000.00 of the $15,006.00 contract price,
Respondent abandoned the contract by constructing a project that fails to meet Palm
Beach County Building Codes and failing to return to cormect the cpde violations and
obtain inspections.
100. Al all times material hereto, Respondent failed to refund any money to Mr.
Haimowitz.
101. As aresult of Respondent’s abandonment, Mr. Haimowitz was required to
hire another contractor, Vic George, doing business as One Stop Remodeling & Building
Corp., to complete the job for $1,380.00.
COUNT XXiI
102. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs | through 6 and 94 through 101 as though fully set forth herein.
103. Based on the foregoing, Respondent violated Section 489.1 29(1)(0),
Florida Statutes, by proceeding on any job without first obtaining applicable local
building permits and inspectious.
COUNT XXII
104, Petitioner re-alleges and incorporates the allegatians set forth in
paragraphs 1 through 6 and 94 through 101 above as though fully set forth herein.
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en ~
105. Based on the foregoing, Respondent violated section 489.129(1)Q).
Florida States, by abandoning a construction project in which the contractor is engaged or.
under contract as a contractor. A project may be presumed to be abandoned after 90 days
if the contractor terminates the pro} ect without just cause or without proper notification to
the owner, including the reason for termination, or fails to perform }work without just
cause for 90 consecutive days.
COUNT XXIV
106. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs | through 6 and 94 through 101 above as though fully set forth herein.
107. Based on the foregoing, Respondent violated section 489.129(1)(m),
Florida Statutes, by committing incompetency or mismanagement in the practice of
contracting.
COUNT XXV
108. Petitioner re-alleges and incorporates the allegatigns set forth in
paragraphs 7 through 6 and 94 through 101 above as though fully set forth herein.
109. Section 489.1425(1), Florida Statutes, states that any agreement or
contract for repair, restoration, improvement or construction to residential real property
must contain a written statement explaining the consumer's rights under the Construction
Industries Recovery Fund, except where the value of all labor and materials does not
exceed $2,500.
110. Based on the foregoing, Respondent violated section 489.129(1)(i),
Florida Statutes, by failing in any material respect to comply with the provisions of
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oN
Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by
having violated section 489,1425(1), Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Construction Industry
Licensing Board enter an Order imposing one or more of the following penalties: place
on probation, reprimand the licenses, revoke, suspend, deny the issuance or renewal of
the certificate or registration, require financial restitution to a consumer, impose an
administrative fine not to exceed $5,000 per violation, require continuing education,
assess costs associated with investigation and prosecution, impose any or all penalties
delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the
Board is authorized to impose pursuant to Chapters 489, 455, Floiida Statutes, and/or the
rules protnulgated thereunder.
F | L E D “. Signed this TD saver : , 2006.
partment of Business and Professional Régulation
AGENCY CLERK Ya
ERK
CE eae
TE 12°)
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Jeffrey J. Kelly
Assistant General] Counsel
Department of Business and
Professional Regulation
1940 N. Monroe Street, Ste. 60
Tallahassee, FL 32399-2202
(850) 488-9038
Case # 2006-032217; 2006-03861 1; 2006-038373;
2006-038365; 2006-032264: 2006-032190
PC Found: December 5, 2006
Division I: Del Vecchio & Cox
Docket for Case No: 08-000166
Issue Date |
Proceedings |
Feb. 19, 2008 |
Order Closing File. CASE CLOSED.
|
Feb. 07, 2008 |
Undeliverable envelope returned from the Post Office.
|
Feb. 06, 2008 |
Undeliverable envelope returned from the Post Office.
|
Feb. 04, 2008 |
Undeliverable envelope returned from the Post Office.
|
Jan. 28, 2008 |
Order Directing Respondent to Provide Contact Information.
|
Jan. 17, 2008 |
Undeliverable envelope returned from the Post Office.
|
Jan. 16, 2008 |
Undeliverable envelope returned from the Post Office.
|
Jan. 16, 2008 |
Petitioner`s Response to Initial Order filed.
|
Jan. 09, 2008 |
Initial Order.
|
Jan. 09, 2008 |
Administrative Complaint filed.
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Jan. 09, 2008 |
Election of Rights filed.
|
Jan. 09, 2008 |
Referral Letter filed.
|