FILED Deparonent-oF Horas aiid Profentioned Regulation Deputy Agancy Glerk CLERK Brandon Nichols Oke 2/9/2010 Fila # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS’ LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case Number 2009-004269 VICTOR LOTH d/b/a HARDWIRE ELECTRICAL SERVICES, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation (“Petitioner”), files this Administrative Complaint before the Electrical Contractors’ Licensing Board, against Victor Loth d/b/a Hardwire Electrical Services, Inc. (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 439, Part II, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a CERTIFIED ELECTRICAL CONTRACTOR in the State of Florida, having been issued license number ER 13012651, 3, Respondent’s address of record is 5803 Seagrape Drive, Ft. Pierce, Florida 34982. Document in Unnamed 1] PIVER Fd FOO sda 6pé9oPTpags BT :68 &Téé/TE/ee 9e:ST oToz T dy 4. On February 21, 2006, Respondent contracted with Jon R. Flichtelman (“Flichtelman”) to install a 25 KW Electrical Generator in Flichtelman’s residence located at 1212 Castaway Cove Boulevard, Vero Beach, Florida for a total contract price of $15,133.00. 5, Respondent commenced work on the project, then filed an application for a permit to install the generator with the Indian River County Building Department on April 3, 2006. 6. Respondent completed the installation in May 2006, 7. The permit was not issued until June 11, 2008. 8, Section 489,533 (1) (x), Florida Statutes, states that “proceeding on any job without obtaining applicable local building department permits and inspections shall constitute grounds for disciplinary actions as provided in subsection (2).” 9. Based upon the foregoing, Respondent has violated Section 489.533(1) (r), Florida Statutes, by failing tc obtain a permit prior to installing an electrical generator in a residential property. WHEREFORE, Petitioner respectfully requests the Electrical Contractors’ 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 correction, impose an administrative fine not to exceed $5,000 per violation, require Document in Unnamed 2 PI/Pa Abd FOO sda 6pé9oPTpags BT :68 &Téé/TE/ee Qe:ST oT0Z T dy continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within chapters 455 and 489 Part II, Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 469 and 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 27th day of January, 2010, CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: LeChea C. Parson LeChea C. Parson Assistant General Counsel Florida Bar No. 0016869 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monree Street, Ste, 42 Tallahassee, FL 32399-2202 (B50) 410-1537 Telephone (850) 414-6749 Facsimile PC Found: 1/20/2010 PC Found By: Bellemare, Bramlett, Tibbs LP/cag Document in Unnamed 3 PT/Sa = Fovd FOO dad Bredp Tress 6T°66 &ilae/TE see Qe:ST oT0Z T dy NOTICE OF RIGHTS Respondent has the right to request a hearing to he 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 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 is 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. Dagument in Unnamed 4 PT/9e bd FOO sda 6pé9oPTpags BT :68 &Téé/TE/ee 28:57 O10Z T dy

Docket for Case No: 10-001790