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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs ALBERT DAVIS, JR., D/B/A AL DAVIS ROOFING COMPANY, 08-001607 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001607 Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: ALBERT DAVIS, JR., D/B/A AL DAVIS ROOFING COMPANY
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Apr. 01, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 17, 2008.

Latest Update: Dec. 28, 2024
Apr 1 2008 10:13 @4/a1/28e8 89:58 8589219186 DEPR PAGE 83/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v CaseNo.: 2006-021536 ALBERT DAVIS, JR. d/b/a AL DAVIS ROOFING COMPANY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ALBERT DAVIS, JR. d/b/a AL DAVIS ROOFING COMPANY, ("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 Roofing Contractor, in the State of Florida, having been issued license numbér CCC015549. 3. Respondent's last known address of record is 1456 Braaschville Road, Switzerland, Florida 32259. 4, At all times material hereto, Respondent was doing business as Al Davis Roofing Company. Apr 1 2008 10:14 @4/a1/28e8 89:58 8589219186 DEPR PAGE @4/@6 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites: and for financial matters, both for the organization in general and for each specific job. 6. In or around June 2005, Respondent committed fraud or deceit in the practice of contracting by sending Compliance Investigator Michael Robinson ("Robinson") a fraudulent certificate of insurance regarding Workers’ Compensation insurance in that the insurance was cancelled in or around Angust 2004. COUNT I 7. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 above as though fully set forth herein. 8. Based on the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by committing fraud or deceit in the practice of contracting. COUNT Tt 9. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 above as though fully set forth herein. 10. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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 licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to Apr 1 2008 10:14 @4/a1/28e8 89:58 8589219186 DEPR PAGE 85/86 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, Florida Statutes, and/or the rules promulgated thereunder. Signed this al Cay of 6 ye Ou 4 2006. dost Livezey C ‘ounsel Assistant General COUNSEL FOR DEPARTMENT: E | [ E D Lisa Livezey Comingore Assistant General Counsel Department of Business and Professional Regulation Department of Business and AGENCY CLERK Professional Regulation 1940 N. Monroe St. Suite 42 Tallahassee. 792 see, FL 32399-079. CLERK So ody f. Wed - Case # 2006-021536 vate. 6205.7 ZO Dole” PC Found: July 25 2008 Division Ii: R. Holloway & C. Engelmaier

Docket for Case No: 08-001607
Issue Date Proceedings
Sep. 17, 2008 Order Closing File. CASE CLOSED.
Sep. 12, 2008 Petitioner`s Motion to Cancel Hearing and Relinquish Jurisdiction filed.
Jul. 14, 2008 Notice of Hearing (hearing set for September 30, 2008; 10:30 a.m.; Jacksonville, FL).
May 30, 2008 Notice of Appearance (filed by M. Story).
May 21, 2008 Joint Notice of Availability for Continued Hearing filed.
May 13, 2008 Order (Motion to Continue is granted, parties to advise status by May 20, 2008).
May 12, 2008 Petitioner`s Motion to Continue Hearing filed.
May 08, 2008 Notice of Filing Regarding Opposing Counsel filed.
May 01, 2008 Notice of Hearing (hearing set for May 22, 2008; 10:30 a.m.; Jacksonville).
Apr. 16, 2008 Notice of Service of Interrogatories filed.
Apr. 16, 2008 Petitioner`s First Request for Admissions to Respondent filed.
Apr. 08, 2008 Joint Response to Initial Order filed.
Apr. 01, 2008 Election of Rights filed.
Apr. 01, 2008 Administrative Complaint filed.
Apr. 01, 2008 Agency referral filed.
Apr. 01, 2008 Initial Order.
Source:  Florida - Division of Administrative Hearings

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