~ 10-1005 STATE OF FLORIDA _ DEPARTMENT OF HEALTH PQ ucy OFFICE OF THE CLERK STATE OF FLORIDA, DEPARTMENT OF HEALTH, Petitioner, SEPTIC TANK CONTRACTOR REGISTRATION NO. SRO890612 AUTHORIZATION NO. SA0061361 vs. RE: HSES COMPLAINTS. SC1386 . andSC1406 REGISTRATION REVOCATION JAMES’ (CLIFF) K. WALKER, d/b/a AUTHORIZATION REVOCATION WALKER'S SEPTIC TANK SERVICE Post Office Box 715 Graceville, FL 32440, Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Department of Health, imposes revocation of Septic Tank Contractor Registration No. SRO890612 and Authorization No. SA0061361 twenty-one (21) days after the date of service of this ADMINISTRATIVE COMPLAINT for the following events and violations: JURISDICTION 1. The Department, an agency of the State of Florida, has jurisdiction of this matter pursuant to the provisions of Chapters 120, 381, 386, and 489, Florida Statutes. [Section 381.0065(3)(a, b and h) and (4), Florida statutes] The agency rules which govern part of this matter are Chapter 64E-6, Florida Administrative Code. DOH. v WALKER - Page 1 of 9 COUNT I Contracted work is completed without a permit 2. Respondent, JAMES (CLIFF) K. WALKER, owns and operates WALKER'S SEPTIC TANK SERVICE and is a registered septic tank contractor with the Florida Department of Health pursuant to Part III, Chapter 489, and Section 381.0065, Florida Statutes. 3. At all times pertinent to this complaint, James (Cliff) Walker was registered as a licensed as a septic tank contractor under Registration SRO931141 and Authorization SA0890161 to use the name WALKER'S SEPTIC TANK SERVICE. . 4. On or about January 10, 2009, Respondent repaired a septic tank system consisting of a tank and drainfield located at the residence of ‘Larry and Carol Peters, 1319 Beaver Dam Road, Bonifay, Florida 32425. The department became aware of this repair when issuing a permit for a repair on December 30, 2009, to Davy Odom of Odom Septic Tank Service. The permit cost $350.00 and was issued on 12/30/09. The required repairs cost $700.00 on 1/10/09 and another charge of $2,150.00 on 3/30/10 for a total cost of $3,200.00.. The work of Walker Septic Tank Co. on or about January 10, 2009, was not performed under the authority of an issued permit. The work of Walker Septic Tank Co. on or about January 10, 2009, was not inspected for construction standards compliance nor was a final or any other inspection called for by Respondent. The work of Walker Septic Tank Co. on or about January 10, 2009, failed to meet construction standards by installing a drainfield substantially inadequate in size and contrary to required DOH v WALKER - Page 2 of 9 construction standards. 5. A person may not construct, repair, modify abandon, or operate an onsite sewage treatment and disposal system [Septic Tank system] without first obtaining a permit approved by the department.” Sec. 381.0065(4), Florida Statutes. 6. Respondent’s installation of a drainfield without a permit is a violation of Disciplinary Guidelines: Permit violations where contracted work is completed without a permit having been issued . . .. First violation, letter of warning or fine up to $1000; repeat violation, revocation. (Rule 64E- 6.022(1)(b)2., Florida Administrative Code) COUNT II Failure to Call for Required Inspections 7. | Paragraphs 2 through 4 in Count I are incorporated in this Count as if herein restated in full. 8. Respondent's failure to call for required inspections is a violation of Disciplinary Guidelines: Failure to call for required inspections. First violation, letter of warning or fine up to $500; repeat violation, letter of warning or fine up to $500 and 90 day suspension or revocation. (Rule 64E- 6.022(1)(d), Florida Administrative Code) COUNT IIT Gross negligence, incompetence, or misconduct 9. Paragraphs 2 through 4 in Count I are incorporated in this Count as if herein restated in full. DOH v WALKER - Page 3 of 9 10. Respondent’s installation of a septic tank system repair without a permit and with an undersized drainfield is-negligence, incompetence, or misconduct which is aggravated by causing monetary harm to the customer, Larry and Carol Peters, and is a violation of Disciplinary Guidelines: Gross negligence, incompetence, or misconduct which . . . Causes monetary... harm to a customer .. .. First violation, letter of warning or fine up to $500 and 90 day suspension; repeat violation, $500 fine and revocation. (Rule 64E-6.022(1)(1)2., Florida Administrative Code) COUNT IV Installation in Violation of Standards 11. | Paragraphs 2 through 4 in Count I are incorporated in this Count as if herein restated in full. 12. The drainfield installed by Respondent was 100 square feet but the required drainfield size is 420 square feet as specified according to the soil type and house size in accordance with Rule 64E-6.008, Florida Administrative Code. 13. Respondent’s installation of a septic tank system repair with an undersized drainfield is a violation of Disciplinary Guidelines: Installation, modification, or repair of an onsite sewage treatment and disposal system in violation of the standards of Section 381.0065 or 381.00655, F.S., or Chapter 64E-6, F.A.C. First violation, letter of warning or fine up to $500 per specific standard violated; repeat violation, 90 day suspension or revocation. (Rule 64E-6.022(1)(p), Florida Administrative Code) DOH v WALKER - Page 4 of 9 COUNT V Practicing Fraud or Deceit 14. On or about April 12, 2010, a construction inspection was performed on 1536 Will Lee Road, Bonifay, Florida 32425, after which Respondent was authorized by the department to cover the drainfield. After the construction inspection and before a final inspection on April 13, 2010, Respondent removed a section of drainfield from the subject installation and placed the fill cover over the now undersized drainfield. 15. Respondent's undisclosed and unauthorized removal of a section of drainfield after the construction inspection approval is fraud or deceit and is a violation of Disciplinary Guidelines: Practicing fraud or deceit, making misleading or untrue representations. First violation, letter of warning or fine up to $500; repeat violation, revocation. (Rule 64E-6.022(1)(k), Florida Administrative Code) MITIGATION AND AGGRAVATION 16. 1998 prior discipline: Case Number SC0412, for unlawful disposal of septage, $300.00 fine; Rule 64E-6.022(1)(n), Florida Administrative Code. 17. 2000 prior discipline: Improper dumping of sewage on an unpermitted site, $1,000.00 settlement for violation of Rule 64E-6.022(1)(n _ and q), Florida Administrative Code. DOH v WALKER - Page 5 of 9 18. 2007 prior discipline: Stipulated Settlement of $5,000.00 fine, Count I: a contractor employee, contractor's son, assaulted a department employee, in violation of Sec. 381.0061(1); Count II: Gross misconduct without monetary harm, Rule 64E-6.022(1)(I)1, Florida Administrative Code; Count III: Gross misconduct which causes monetary harm to a customer, Rule 64E-6.022(1)(1)2, Florida Administrative Code. 19. The above are repeat violations of disciplinary guidelines. 20. = Mitigation and aggravation are applied according to the following Rule 64E-6.022, Florida Administrative Code provisions: (1) It shall be the responsibility of persons registered under this rule to see that work for which they have contracted and which has been performed by them or under their supervision is carried out in conformance with the requirements of all applicable Florida Statutes and Chapter 64E-6, F.A.C. The following actions by a person included under this rule shall be deemed unethical and subject to penalties as set forth in this section. The penalties listed shall be used as guidelines in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this section. * * * (k) Practicing fraud or deceit, making misleading or untrue representations. First violation, letter of warning or fine up to $500; repeat violation, revocation. * * * (1) Gross negligence, incompetence, or misconduct which: 1. Causes no monetary or other harm to a customer, or physical harm to. any person. First violation, letter of warning or fine up to $500; repeat violation, $500 fine and 90 day suspension or revocation. - 2,.Causes monetary or other harm to a customer, or physical harm to any person. First violation, letter of warning or fine up to $500 and 90 day suspension; repeat violation, $500 fine and revocation. (2) Circumstances which shall be considered for the purposes of mitigation or aggravation of penalty shall include the following: DOH v WALKER - Page 6 of 9 (a) Monetary or other damage to the registrant’s customer, in any way associated with the violation, which damage the registrant has not relieved, as of the time the penalty is to be assessed. (b)-Actual job-site violations of this rule or conditions exhibiting gross negligence, incompetence or misconduct by the contractor, which have not been corrected as of the time the penalty is being assessed. : (c) The severity of the offense. (d) The danger to the public. (e) The number of repetitions of the offense. (f) The number of complaints filed against the contractor. (g) The length of time the contractor has practiced and registration category. (h) The actual damiage, physica! or otherwise, to the customer. (i) The effect of the penalty upon the contractor’s livelihood. (j) Any efforts at rehabilitation. (k) Any other mitigating or aggravating circumstances. 21. Respondent has been a Septic Tank Contractor since March 31, 1989. WHEREFORE, the Department having applied due mitigation and aggravation REVOKES the Septic Tank Contractor Registration No. SRO890612 and Authorization No. SA0061361 of JAMES (CLIFF) K. WALKER, effective 21 days after service of this document unless appealed as below stated. NOTICE OF RIGHTS TO APPEAL A party who is adversely affected by this action may petition for an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. Such proceedings are governed by Chapter 28-106, Florida Administrative Code. A petition for a hearing must be in writing and must be DOH v WALKER - Page 7 of 9 received by the Agency Clerk for the Department within 21 days from receipt of this action. The address for the Agency Clerk is: R.S. Power, 4052 Bald Cypress Way, BIN #A02, Tallahassee, FL 32399-1703. The facsimile number is (850) 413-8743. See attached document, Election of Rights. . Mediation is not available as an alternative remedy. FAILURE TO SUBMIT A PETITION FOR HEARING WITHIN 21 DAYS FROM RECEIPT OF THIS DOCUMENT CONSTITUTES WAIVER OF YOUR RIGHT TO AN ADMINISTRATIVE HEARING, AND THIS DOCUMENT BECOMES A FINAL ORDER OF THE DEPARTMENT REVOKING YOUR REGISTRATION AND AUTHORIZATION AS A SEPTIC TANK CONTRACTOR. A party who is adversely affected by a final order is entitled to judicial review pursuant to section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy accompanied by the filing fees required by law with the District Court of Appeal in the appellate district where the party resides or the First District Court of Appeal. The notice must be filed within 30 days of the rendition of a final order. DOH v WALKER - Page 8 of 9 _CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing and Election of Rights form have been furnished to JAMES (CLIFF) K. WALKER, d/b/a WALKER'S SEPTIC TANK SERVICE, Post Office Box 715, Graceville, FL 32440, by Certified U.S. wel No. 70033110000646813470 and by regular U.S. Mail on this the GE; dy ot Muenace 2010. Depaftmenff Health Northwest Law Office 1295 West Fairfield Drive Pensacola, Florida 32501 (850) 595-6517, FAX (850) 595-6530 CC: R.S. Power, Agency Clerk Florida Department of Health 4052 Bald Cypress Way —- Bin A02 Tallahassee, FL 32399-1703 DOH v WALKER - Page 9 of 9 STATE OF FLORIDA DEPARTMENT OF HEALTH STATE OF FLORIDA, DEPARTMENT OF HEALTH, Petitioner, SEPTIC TANK CONTRACTOR REGISTRATION NO. SRO890612 AUTHORIZATION NO. SA0061361 vs. RE: HSES COMPLAINTS SC1386 and SC1406 REGISTRATION REVOCATION JAMES (CLIFF) K. WALKER, d/b/a AUTHORIZATION REVOCATION WALKER'S SEPTIC TANK SERVICE Post Office Box 715 Graceville, FL 32440, Respondent. ELECTION OF RIGHTS (Please select only 1 of the 3 options) I have read the Explanation of Rights and understand my options. 1. () I do not dispute the allegations of fact in the Administrative Complaint, but do wish to be accorded an informal hearing or proceeding, pursuant to § 120.57(2), Florida Statutes, at which time I will be permitted to submit oral and/or written evidence to the Department, in mitigation of the complaint. Most informal hearings are conducted at agency headquarters in Tallahassee, Florida. 2. (_) Ido not dispute the allegations of fact contained in the Administrative Complaint and waive my right to object or be heard. 3. ( ) I do dispute the allegations of fact contained in the Administrative Complaint and wish to petition for a hearing pursuant to § 120.57(1), Florida Statutes. Below I have identified each fact I dispute (attach extra pages as needed): Note: Mediation pursuant to § 120.573, Florida Statutes, is not _ available for this action. Disputed Facts: Respondent's Signature and Date

Docket for Case No: 10-010605