Elawyers Elawyers
Washington| Change

FRANK M. ADAMS vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD, 16-000389 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-000389 Visitors: 3
Petitioner: FRANK M. ADAMS
Respondent: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Jan. 25, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 12, 2016.

Latest Update: Dec. 27, 2024
Deputy Agency Clerk Brandon Nichols 10/6/2015 2015-08315 STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD IN RE: THE APPLICATION OF FRANK MAURICE ADAMS FOR CERTIFIED COMMERCIAL POOL/SPA CONTRACTOR'S LICENSE BY ENDORSEMENT FINAL ORDER This matter came before the Construction Industry Licensing Board (Board) for a hearing pursuant to sections 120.569 and 120.57(2), Florida Statutes, on September 11, 2015, in Ft. Lauderdale, Florida. FRANK MAURICE ADAMS (Applicant) was present. FINDINGS OF FACT 1. The Board previously reviewed and considered the application at a duly- noticed public meeting held on February 11, 2015, in Jacksonville, Florida. The application was denied because the Board voted that the Applicant failed to demonstrate that he had passed an examination that is substantially equivalent to the required Florida certification examination. 2. At the hearing, the Applicant failed to establish that he had passed an examination that is substantially equivalent to the required Florida certification examination through the submission of additional information. Page 1 of 3 CONCLUSIONS OF LAW 3. The Board has jurisdiction over this matter pursuant to Chapters 120 and 489, Florida Statutes. - 4. The Applicant for endorsement must demonstrate he has passed an examination that is substantially equivalent to the required Florida certification examination, as required by section 489.115(3), Florida Statutes. Therefore, the Board upholds its previous decision and hereby DENIES the application. © This Order shall be placed in and become a part of Applicant's official records and shall become effective upon filing with the Clerk of the Department of Business and Professional Regulation. DONE AND ORDERED this and day of Oct DI EX , 2015. ; 7 ROY LENOIS, Chair Construction Industry Licensing Board Page 2 of 3 NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS 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 ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Order has been provided by Certified Mail to: FRANK MAURICE ADAMS, 816 Brooksmill Drive, Tega Cay, South Carolina 29708, and by hand/ interoffice delivery to Douglas Dolan, Assistant Attorney General, Suite PL-01, The Capitol, Tallahassee, Florida 32399-1050; and the Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-1039, on or before 5:00 p.m., this Gh day of Occher 2015. Page 3 of 3 U.S. Postal Service rm CERTIFIED MAIL... RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comy OFFICIAL USE Retum Receipt Fee (Endorsement Required) Restricted Del Fee (Endorsement Required) Here 7006 2150 OO04 8298 8873 PS Form 3800, August 2506 See Reverse for Instructions FILED Department of Business and Professional Regulation 1 Deputy Agency Clerk CLERK Evette Lawson-Proctor Dete =» 3/5/2015 Fite # STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD IN RE: THE APPLICATION OF FRANK MAURICE ADAMS FOR CERTIFIED COMMERCIAL POOL/SPA CONTRACTOR'S LICENSE BY ENDORSEMENT / NOTICE OF INTENT TO DENY You are hereby notified that the Construction Industry Licensing’ Board (Board) voted to DENY your application fora certified commercial pool/spa contractor's license by endorsement. . , , The Board reviewed and considered the application ata duly-noticed public meeting held on February 11, 2015 in Jacksonville, Florida. Applicant was present at the meeting. The Board determined that the application should be DENIED, stating as grounds: , The Applicant did not demonstrate he has passed an examination that is substantially equivalent to the required Florida certification examination. All related applications are also denied based on this Notice. This Notice shall be placed in and become a part of Applicant's official records and shall become effective upon filing with the Clerk of the Department of Business and Professional Regulation. This Notice will become a Final Order by operation of law if no action is taken within the time period stated below. Page | of 3 DONE AND ORDERED this 21 ayo February 52015. bevk: -sROV LENOIS, Chair “Construction Industry Licensing Board . NOTICE TO APPLICANT You may seek review of this Notice, pursuant to Sections 120.569 and 120.57, Florida Statutes, by filing a petition with the Executive Director of the Construction Industry Licensing Board, P.O. Box 5257, Tallahassee, Florida 32314-5257, within 21 days of receipt of this Order. If you dispute any material fact upon which the Board's decision is based, you may request a hearing before an Administrative Law Judge pursuant to Section 120.57(1), Florida Statutes; your petition must contain the information required by Rule 28- 106.201, Florida Administrative Code, including ‘A#taterhent of the material facts which are in dispute. If you do not dispute any material fact, you may request a hearing before the Board pursuant to Section 120,.57(2), Florida Statutes; your petition must include the information required by Rule 28-106.301, Florida Administrative Code. If you request a hearing, you have the right to be represented by an attorney or other qualified representative, to take testimony, to call or cross-examine witnesses, to have subpoena and subpoena duces tecum issued, and to present written evidence or argument. Pursuant to Section 120.573, Florida Statutes, you are hereby notified that mediation pursuant to that section is not available. FR Page 2 of 3. Zak: 3 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Order has been provided by Certified Mail to: FRANK MAURICE ADAMS, 830 A1A N. 13-247, Ponte Vedra Beach, Florida 32082-3215, and by fal interoffice delivery to Douglas Dolan, Assistant Attorney General, Suite PL. 01, The’ papel, Tallahassee, Florida 32399-1050; 9 et and the Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-1039, on or before 5:00 p.m., this i] day of March , 2015. SSS es websitey Sa Re OFFICIAL USE 7006 0810 o005 9835 360 Page 3 of 3

Docket for Case No: 16-000389
Issue Date Proceedings
Apr. 12, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 12, 2016 Joint Motion for Relinquishment of Jurisdiction filed.
Mar. 30, 2016 Order Re-scheduling Hearing by Video Teleconference (hearing set for April 29, 2016; 9:00 a.m.; Daytona Beach, FL).
Mar. 29, 2016 Joint Response to Order Granting Continuance filed.
Mar. 28, 2016 Notice of Service of Answers to Petitioner's Request for Production filed.
Mar. 25, 2016 Notice of Taking Deposition Duces Tecum (of Frank Adams) filed.
Mar. 23, 2016 Order Granting Continuance (parties to advise status by March 28, 2016).
Mar. 21, 2016 Joint Motion to Continue filed.
Feb. 03, 2016 Order of Pre-hearing Instructions.
Feb. 03, 2016 Notice of Hearing by Video Teleconference (hearing set for March 29, 2016; 9:00 a.m.; Daytona Beach and Tallahassee, FL).
Feb. 02, 2016 Joint Response to Initial Order filed.
Jan. 26, 2016 Initial Order.
Jan. 25, 2016 Final Order filed.
Jan. 25, 2016 Notice of Intent to Deny filed.
Jan. 25, 2016 Petitioner's [Second Amended] Petition for Formal Hearing filed.
Jan. 25, 2016 Referral for Hearing filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer