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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CHINA WOK, 10-004135 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-004135 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CHINA WOK
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Jun. 28, 2010
Status: Closed
Recommended Order on Wednesday, December 22, 2010.

Latest Update: Jan. 20, 2011
Summary: Whether Respondent committed the violations alleged in the Administrative Complaints dated August 14 and December 21, 2009, and if so, what is the appropriate penalty?Petitioner proved that Respondent did not disclose use of imitation crab meat and had foods at the wrong temperature. Recommend fine for each count.
10004135 AFO



STATE1

\

FILED

Departme<rt of llus1tless and fml'esslonal Regulation

Deputy Agency Clerk

CLERK

Date

File#

Brandon Nichols

1/19/2011

2011-00528

'e:>F FrJQJUijA

DEPARTMENT OF BUSINESS ANO 'PROFESSIONAL REGULATION

DIVISION OF?tJio ;,+'s AND RESTAURANTS

••" 1 ,.]Jid 20 ,,1, 11• .,

DEPARTMENT OF BUSINESS AND ,,. L1

PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS,


DOAH CASE NO.:

10-4135

H&R CASE NO.:

2009-043004

LICENSE NO.:

20-01008

LICENSE TYPE:

2010

Petitioner,


v.


CHINA WOK,


Respondent.

/


FINAL ORDER


The Director,

Division

of Hotels

and Restaurants,


Department of

Business and

Professional

Regulation (the


Division), after consideration of the complete record of this case on file with the Division, enters this Final Order.

  1. On August 14, 2009, the Department issued an Administrative Complaint, a copy of which is attached as Exhibit "A. ,,

  2. On October 20, 2010, a hearing in this cause was held before the Honorable James H. Peterson, III, Administrative Law Judge, Division of Administrative Hearings.

  3. On December 22, 2010, Honorable James H. Peterson issued a Recommended Order, a copy of which is attached as Exhibit "B." The Statement of the Issues, Preliminary Statement,

    I 71b0 390:L 9649 1408 710& i


    Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference.

    Based upon the foregoing, and being otherwise fully advised in the premises it is, hereby ORDERED that: for Respondent's violations of Section 509, Florida Statutes, and/or the rules promulgated thereto the following penalty is imposed:

    1. Respondent shall pay a fine in the amount of $375.00, due and payable to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within thirty (30) calendar days of the date this Order is filed with the agency clerk.

    2. This Final Order shall become effective on the date of filing with the Agency Clerk.


DONE AND ORDERED this lLday of_ J,      e;._'l_w._ta.._...,..v

I

,2011.



Bill L. Veach, Director Department of Business and Professional Regulation

Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1015


2




NOTICE OF RIGHT TO APPEAL UNLESS WAIVED


Unless expressly waived, any party substantially affected by this final order may seek judicial review by filing an original Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, and a copy of the notice,

accompanied by the filing fees prescribed by law, with the clerk

'

of the appropriate District Court of Appeal within thirty (30)


days rendition of this order, in accordance with Rule 9.110, Fla. R. App. P., and Section 120.68, Florida Statutes.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to China Wok, c/o Bao Jin Chen, 3540 U.S. Highway 17, Suite 117, Green Cove Springs, Florida 32043; by regular U.S. Mail to the Honorable James H. Peterson, III, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by hand delivery, to Marc

Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional Regulations, !1.if> North Monroe Street, Tallahassee, Florida 32399-2202, this ..te"'ctay of

":rtlf\LAAry , 2011.


-£,;,.'·...              

For the Division of Hotels and Restaurants


3


Docket for Case No: 10-004135
Issue Date Proceedings
Jan. 20, 2011 Agency Final Order filed.
Dec. 29, 2010 Letter to Judge Peterson from B. Chen regarding the recommended order filed.
Dec. 22, 2010 Recommended Order (hearing held October 20, 2010). CASE CLOSED.
Dec. 22, 2010 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 18, 2010 Petitioner's Proposed Recommended Order filed.
Nov. 08, 2010 Transcript of Proceedings (not available for viewing) filed.
Oct. 20, 2010 CASE STATUS: Hearing Held.
Oct. 12, 2010 Petitioner's Exhibit List (exhibits not available for viewing) filed.
Oct. 12, 2010 Petitioner's Witness List filed.
Jul. 07, 2010 Order of Pre-hearing Instructions.
Jul. 07, 2010 Notice of Hearing by Video Teleconference (hearing set for October 20, 2010; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Jul. 07, 2010 Order of Consolidation (DOAH Case Nos. 10-4135 and 10-4140).
Jul. 06, 2010 Petitioner's Motion to Consolidate filed.
Jul. 06, 2010 Response to Initial Order filed.
Jun. 28, 2010 Election of Rights filed.
Jun. 28, 2010 Administrative Complaint filed.
Jun. 28, 2010 Agency referral filed.
Jun. 28, 2010 Initial Order.

Orders for Case No: 10-004135
Issue Date Document Summary
Jan. 20, 2011 Agency Final Order
Dec. 22, 2010 Recommended Order Petitioner proved that Respondent did not disclose use of imitation crab meat and had foods at the wrong temperature. Recommend fine for each count.
Source:  Florida - Division of Administrative Hearings

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