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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs SEAN STERLING, 16-007530 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-007530 Visitors: 20
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: SEAN STERLING
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Cape Canaveral, Florida
Filed: Dec. 21, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 27, 2016.

Latest Update: Jun. 01, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2016-009036 ECLB SEAN STERLING, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Sean Sterling (“Respondent”), and alleges: 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 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of electrical contracting pursuant to sections 455.227, 455.228, and 489.531, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of electrical contracting pursuant to chapter 489, Florida Statutes. 4. At no time material hereto was Sterling Services an entity properly qualified under the provisions of chapter 489, Florida Statutes. 5. Respondent’s last known address is 8412 Canaveral Boulevard, Cape Canaveral, Florida 32920. 6. On or about October 16, 2015, Respondent, D/B/A Sterling Services, offered, contracted or performed regulated electrical contracting services, including but not limited to, re- wiring multiple ceiling fans, moving wall switches, installing lights, and adding outlets, at 1851 Sun Gazer Drive, Rockledge, Florida 32955. 7. Respondent offered, contracted or performed the regulated services at issue for compensation. 8. Section 455.227(1)(q), Florida Statutes, provides “violating... the applicable professional practice act...” shall constitute grounds for which disciplinary actions may be taken. 9. Section 489.531(1)(@), Florida Statutes, provides “a person may not practice [electrical] contracting unless the person is certified or registered.” 10. Based upon the foregoing, Respondent violated section 455.227(1)(q), Florida Statutes, by practicing electrical contracting without the requisite license, in violation of section 489.531(1)(a), Florida Statutes. WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of the following: an administrative fine, assessment of costs related to the investigation, and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this 20th day of September, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: — /s/ Wayne Mitchell Wayne Mitchell Florida Bar No. 869414 Assistant General Counsel Office of the General Counsel Unlicensed Activity Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399 Ph: (850) 717-1709 Wayne.Mitchell@myfloridalicense.com PC Found: September 20, 2016 By: DBPR AWR 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 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. 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. 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. 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: 16-007530
Source:  Florida - Division of Administrative Hearings

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