FILED Departinent of Businest and Professional Reguiation Deputy Ageney Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctar DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]Y pas 1213/2013 DEPARTMENT OF BUSINESS AND = PROFESSIONAL REGULATION, Petitioner, ve Case No. 2013-030136 KEITH A. GIERKE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Electrical Contractors’ Licensing Board, against Keith A. Gierke (“Respondent”), and alleges: Ll. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. At all times material hereto, Respondent was licensed as a Registered Electrical Contractor in the State of Florida, having been issued license number ER 13013449, 3. Respondent's address of record is 1280 Sharon Drive, Merritt Island, Florida 32796. 4, At all times material hereto, Respondent was the primary qualifying agent of Egan Electric, Incorporated (“Egan Electric”). 5. Section 489.522(1) (a), Florida Statutes (2012), provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6, On or about February 16, 2011, a Judgment relating to Respondent's practice of contracting was obtained against Egan Electric in favor of City Electric Supply Company in case number 2010-CA-2826, in the Circuit Court of the 5° Judicial Circuit in and for Lake County, Florida, in the amount of $34,965.25. 7. Respondent failed to satisfy the Judgment obtained against Egan Electric within 18 months following its entry. 8. Based upon the foregoing, Respondent violated Section 489,533(1) (m)4, Florida Statutes (2012), by failing within 18 months to pay or comply with a repayment schedule of a judgment obtained against the contractor or a business qualified by the contractor and relating to the practice of contracting. WHEREFORE, Petitioner respectfully requests the Electrical Contractors’ Licensing Board enter an Order imposing one or more ef the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227 (2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 20'° day of November, 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Thomas Ff, Campbell Thomas H. Campbell Assistant General Counsel Florida Bar No. 71589 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921~9186 Facsimile Probable Cause Found 11/20/2013 Thomas/Bramlett/Hoffmann NOTICE OF RIGHTS Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that Respondent has 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 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 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the Administrative Complaint must conform to rule 28-106.2015, Florida Administrative Code. 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 14-000872PL