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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs THOMAS CLIFFORD PYCHE, 17-002764 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-002764 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: THOMAS CLIFFORD PYCHE
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: May 15, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 24, 2017.

Latest Update: Dec. 22, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI| pete 4/30/2047 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2016-043368 CILB/ECLB THOMAS CLIFFORD PYCHE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Thomas Clifford Pyche (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practices of construction and electrical contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practices of construction and electrical contracting pursuant to sections 455.227, 455.228, 489.13, and 489.531, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of construction or electrical contracting pursuant to chapter 489, Florida Statutes. 4. Respondent’s last known address is 107 W. Saint Annes Circle, Apollo Beach, Florida 33572. 5. On or about August 14, 2015, Respondent offered, contracted, or performed regulated construction and electrical contracting services, including but not limited to installing a screen room, installing a pan roof, extending plumbing to a shed, and extending electrical to a shed, at 6234 Coach House Circle, Ruskin, Florida 33570. 6. Respondent offered, contracted, or performed the regulated services at issue for compensation. COUNT I 7. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through seven as though fully set forth herein. 8. Section 489.13(1), Florida Statutes, provides “any person performing an activity requiring licensure under [chapter 489, part I, Florida Statutes] as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity...” 9. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes, by performing an activity requiring licensure under chapter 489, part I, Florida Statutes, as a construction contractor without the requisite license. COUNT I 10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through seven as though fully set forth herein. 11. Section 455.227(1)(q), Florida Statutes, provides “violating...the applicable professional practice act...” shall constitute grounds for which disciplinary actions may be taken. 12. Section 489.531(1)(a), Florida Statutes, provides “a person may not: (a) practice [electrical] contracting unless the person is certified or registered.” 13. 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 24h day of January, 2016. MATILDE MILLER, Interim Secretary Department of Business and Professional Regulation By: /s/ Andrew H. Butler Andrew H. Butler Florida Bar No. 0123507 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) 717-1435 PC Found: January 24, 2017 By: DBPR 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: 17-002764
Issue Date Proceedings
Jul. 26, 2017 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to Petitioner.
Jul. 24, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 24, 2017 Petitioner's Motion for Case Status and Scheduling Conference filed.
Jul. 18, 2017 Respondent's Response to Relinquish Jurisdiction filed.
Jul. 17, 2017 Respondent's Notice of Appeal filed.
Jul. 13, 2017 Petitioner's Unilateral Response to Order Granting Continuance filed.
Jul. 13, 2017 Petitioner's Motion to Relinquish Jurisdiction filed.
Jul. 12, 2017 Respondent's Motion to Justify Conduct of Attorney Butler and Attorney Chenelea filed.
Jul. 11, 2017 Order to Show Cause.
Jul. 07, 2017 Order Granting Continuance (parties to advise status by July 21, 2017).
Jul. 06, 2017 Respondent's Response to Interrogatories filed.
Jul. 05, 2017 Respondent Pyche (Pro-Se) Motion to Reconsider Denial of Continuance filed.
Jun. 30, 2017 Order (rulings on outstanding motions).
Jun. 30, 2017 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 30, 2017 Notice of Filing Petitioner's Proposed Exhibits filed.
Jun. 30, 2017 Petitioner's Witness List filed.
Jun. 30, 2017 Respondent's Witness List filed.
Jun. 29, 2017 CASE STATUS: Motion Hearing Held.
Jun. 28, 2017 Petitioner's Motion to Take Official Recognition filed (exhibits contain confidential information; not available for viewing). 
 Confidential document; not available for viewing.
Jun. 27, 2017 Petitioner's Motion to Compel Respondent to Answer Petitioner's First Interlocking Discovery Request or to Deem Admitted and Relinquish Jurisdiction filed.
Jun. 27, 2017 Petitioner's Response in Opposition to Respondent's Notice filed.
Jun. 27, 2017 Notice of Telephonic Motion Hearing (motion hearing set for June 29, 2017; 10:00 a.m.).
Jun. 26, 2017 Letter to Judge Quimby-Pennock from Thomas Pyche Stating Notice of Not Ready for Hearing filed.
Jun. 22, 2017 Petitioner's Response to Respondent's Motion to Relinquish Jurisdiction filed.
Jun. 21, 2017 Respondent's Motion to Relinquish Jurisdiction filed.
Jun. 19, 2017 Petitioner's Motion to Take Official Recognition filed.
Jun. 19, 2017 Notice of Court Reporter filed.
Jun. 05, 2017 Notice of Double Jeopardy filed.
May 25, 2017 Notice of Ex parte Communication.
May 24, 2017 Respondent's Notice of Self Representation filed.
May 19, 2017 Order of Pre-hearing Instructions.
May 19, 2017 Notice of Hearing by Video Teleconference (hearing set for July 13 and 14, 2017; 9:00 a.m.; Tampa and Tallahassee, FL).
May 19, 2017 Joint Response to Initial Order (includes misc matter at paragraph "e") filed.
May 19, 2017 Joint Response to Initial Order filed.
May 16, 2017 Notice of Petitioner's First Interlocking Discovery Request filed.
May 16, 2017 Initial Order.
May 16, 2017 Notice of Appearance (Alphonse Cheneler) filed.
May 15, 2017 Election of Rights filed.
May 15, 2017 Administrative Complaint filed.
May 15, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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