CY U1SY STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-08-1718 License No.: VI-1020248 v. EDNA ORMEJUSTE D/B/A CINNA AUTO SALES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Edna Ormejuste d/b/a Cinna Auto Sales, 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 28-106.2015, Florida Administrative Code. 2. Respondent is, and has been at all times material hereto, a licensed motor vehicle dealer in the State of Florida, having been issued license number V1-1020248, based upon the application identifying Edna Ormejuste, as Owner. The address. of record is 1855 Southwest 4" Avenue, #B4, Delray Beach, Florida 33444. 3. Section 320.27(3), Florida Statutes, provides that, as a requirement for licensure, a motor vehicle dealer’s place of business must operate from a location approved by the department that meets specified requirements. 4. Rule 15C-7.003(6)(d)9 and 12, Florida Administrative Code, provides that as a requirement of operation a motor vehicle dealer shall notify the Department in writing of a permanent closing or cessation of business at the main or any licensed supplemental location and shall report any change of address to the Department and shall receive approval for any new place of business prior to relocating the business. 5. With its application for the May 1, 2008 to April 30, 2009, licensure period, Respondent attested its place of business was its address of record. 6. On or about July 8, 2008, Compliance Officer Dames observed that Respondent had abandoned its approved place of business. Compliance Officer Dames observed that the door to the building was locked. Compliance Officer Dames called the posted phone number and spoke with Edna Ormejuste, Owner. Edna Ormejuste stated that she was out of the country; Compliance Officer Dames scheduled a records inspection for July 22, 2008. 7. On or about July 21, 2008, Compliance Officer Dames received a call from Ernest, Edna Ormejuste’s husband. He stated that her mother had passed away and they needed to leave the country and would call when they returned to reschedule the records inspection. 8. On or about July 28, 2008, Compliance Officer Dames received information that the landlord for Cinna Auto Sales had received a check in the amount of $532.50 for a location located at 1110 Southeast 1 Street, Bay #6, in Boynton Beach. The check had been returned for insufficient funds. The location is not the license address for Respondent and an application had not been submitted for a change of address. 9. On or about July 29, 2008, Compliance Officer Dames attempted to contact Respondent. Compliance Officer Dames was informed that she was out of the country. Compliance Officer Dames contacted Warehouses Management Services requesting information regarding Cinna Auto Sales. Danielle at Warehouses Management Services informed Compliance Officer Dames that Edna Ormejuste had vacated the premises at 1855 Southwest 4" Avenue, B-4, in Delray Beach. Danielle also informed that the rent check for the month of July was returned for insufficient funds and the warehouse was cleared out. 10. Onor about July 30, 2008 Compliance Officer Dames went to the residence address for Edna Ormejuste. Compliance Officer Dames was informed that she was out of the country and did not know when she would be returning. Compliance Officer Dames left her business card and requested that Edna Ormejuste to call her. 11. As of the filing of this Administrative Complaint Respondent has not made contact with the Regional office. 12. Based on the foregoing, Respondent violated section 320.27(9)(b)(8), Florida Statutes by failing to continually meet the requirements of section 320.27(3), Florida Statutes, the licensure law, and Rule 15C-7.003(6)(d)9 and 12, Florida Administrative Code, by abandoning its approved place of business. 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checking the appropriate space, marked as “1” on the Election of Rights form and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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, specifying the material allegations of fact you are disputing, a general denial is not sufficient and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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 that the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, receives it, and the signed Voluntary Relinquishment of Licensure agreement 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 based upon the allegations contained in the Administrative Complaint. 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 license, imposition of an administrative fine, and/or any other relief deemed appropriate. arl A. Ford, Directo: - 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 27 “day of August, 2008. CAF:jde Copies furnished: Diane Buck Regional Administrator Dealer Licensing By certified mail to: Edna Ormejuste, Owner Cinna Auto Sales 337 Southwest 5 Lane Boynton Beach, Florida 33435

Docket for Case No: 08-004756