Jan $ 2010 9:16 @l/ar/2ale 83:59 8584146749 DEPR OGA PAGE 83/14 FILED apartment of Fusingsy and Profess{anal Roguintion AGENCY CLERK CLERK Sarah Wachman Date B31 /2009 Fila STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION FLORIDA BOARD OF AUCTIONEERS DEPARTMENT OF RUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case Nos. 2008-043139 2008=-043138 GAVIN H. ABADI AND D&G AUCTIONEERS, LLC, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSTNESS AND PROFESSIONAL REGULATION (“DBPR”), files this Administrative Complaint before the Board of Auctioneers (“Board”} against Gavin H. Abadi and D&G Auctioneers, LLC (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of auction businesses and auctionéérs, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Part VI, Florida Statutes. 2. Respondents are licensed in the State of Florida as an Auctioneer and an Auction Business, heving been issued license number AU 3400 and AB 2763, respectively. 3. Respondents’ address of record with Petitioner is 3550 Broad Street Suite D, Chamblee, Georgia 30341. CGAOGC\Prorvessinns Gourds 'suctiongers\utchea Parson's Law Clerks\ACs\Abadi, Gavin 2008-04139 & 2008-043) AC. doe Jan $ 2010 9:16 @l/ar/2ale 83:59 8584146749 DEPR OGA PAGE @4/1a 4, On February 2, 2008, Respondent held a public auction at the Renaissance Fort Lauderdale Hotel in Ft. Lauderdale, Florida. 5. During the auction, Respondent placed a pendant, allegedly valued at $42,000, up for auction and accepted a bid of $3,400 from Sonja Straus for the pendant. The sales receipt and invoice for the transaction were in the name D&G Aucttioneers. 6. Respondent, D&G Auctioneers, did not obtain its auction business license until August 21, 2008, six (6) months after the auction. 7. Therefore, at the time of the auction, Respondent DaG Auctioneers was not duly licensed in the State of Florida as an auction business. 8. Section 468.389(1)(4), Florida Statutes, provides that “violating a statute or administrative rule regulating practice under this part or a lawful disciplinary order of the board or the department shall be grounds for the disciplinary activities provided in subsection (2) and (3).” g, Section 468.388(4), Florida Statutes, provides in pertinent part that “each auction must be conducted by an auctioneer who has an active license. Each auction must be conducted under the auspices of a licensed auction business. Any auctioneer conducting an auction, and any auction business under GAOGC\Professions Boards\auctiongers\LeChea Parson's Law Clorks\ACs\Abadi, Gavin 2008-043139 & 20084431 38\AC doo Jan $ 2010 9:16 @l/ar/2ale 83:59 8584146749 DEPR OGA PAGE 45/18 whose auspices such auction is held, shall be responsible for determining that any auctioneer or auction business with who they are associated in conducting such auction has an active Florida auctioneer or auction business license.” 10. Based on the foregoing, Respondent violated Section 468.3989(1) (4), Plerida Statutes, threugh a violation of Section 468.388(4), Florida Statutes, by conducting an auction prior to the auction business being duly licensed in the State of Florida. WHEREFORE, Petitioner respectfully requests the Board enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine not to exceed one thousand dollars ($1,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation, restriction of Respondent's authorized scope of practice, assessment of costs associated with investigation and prosecution, imposition of any oy all penalties delineated within Section 455.227(2), Florida Statutes, and/or any cther relief that the Beard is authorized to impose pursuant to Chapters 455 and/or 468, Part VI, Florida Statutes, and/or the rules promulgated thereunder. | Signed this _¢»xi ° day of , 2009. GAOOCiProfessions Boards‘auctioneets\LeChea Parson's Law Clerks\ACs\Abadi, Gavin 2008-043129 & 2008-0431 FRAC. doo 1/87/2616 83:59 8584146749 By: g/ail PCP Date: Jan $ 2010 9:17 DEPR OGA PAGE CHARLES W. DRAGO, Secretary Department of Business and Professional Régulation CUED a a AAR UAAL LeChéa Parson Assistant General Counsel Florida Bar No. 0016869 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 410-1537 Telephone (850) 414-6749 Facsimile jos Lf. PCP Members: LP/cag GADGC\Professions Boardsauetioncers\.cChea Parson's Law Clerks\ACs\Abadi, Gavin 2908-043139 & 2008-043 138\AC.due 66/18 Jan $ 2010 9:17 1/87/2616 83:59 8584146749 DEPR OGA PAGE 87/18 NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted ain 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 subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455,227(3) (a), Florida Statutes, the Board, or the Department when there ia no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOQGC Professions Boards\auetioneers\LeChea Parson's Law Clerks\ACs\Abadi. Gavin 2008-043139 & 2008-0431 38\AC.doe

Docket for Case No: 10-000057