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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs MARK N. DODDS, 17-006472 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-006472 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: MARK N. DODDS
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Nov. 30, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 24, 2018.

Latest Update: Dec. 23, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI pate 40/13/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2016-053600 ECLB MARK N, DODDS, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Mark N. Dodds (“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 Cabinet Market Daytona LLC an entity properly qualified under the provisions of chapter 489, Florida Statutes. 5. Respondent’s last known address is 2271 8. Ridgewood Avenue, South Daytona, Florida 32119. 6. On or about June 10, 2016, Respondent, D/B/A Cabinet Market Daytona LLC, offered, contracted, or performed regulated electrical contracting services, including but not limited to, installing can lights and recessed lighting at 466 Bouchelle Drive, Unit 105, New Smyrna Beach, Florida 32169, 7s 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)(a), 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. (SIGNATURE PAGE FOLLOWS) Signed this 2nd day of October, 2017. JONATHAN ZACHEM, Secretary Department of Business and Professional Regulation By: /s/ er Maas Roger Maas Florida Bar No. 128296 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) 717-1210 Contact Information: Please call Robert Sears (850) 717-1205 for more information PC Found: October 2, 2017 By: DBPR CL 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: 17-006472
Issue Date Proceedings
Jan. 24, 2018 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 23, 2018 Joint Motion to Relinquish Jurisdiction filed.
Jan. 19, 2018 Order of Pre-hearing Instructions.
Jan. 19, 2018 Notice of Hearing by Video Teleconference (hearing set for March 20, 2018; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Jan. 17, 2018 Amended Order Granting Motion to take Official Recognition.
Jan. 16, 2018 Joint Response to Order Granting Continuance filed.
Jan. 16, 2018 Order Granting Motion to Take Official Recognition.
Jan. 12, 2018 Order Granting Continuance (parties to advise status by January 17, 2018).
Jan. 12, 2018 Petitioner's Motion to take Official Recognition filed.
Jan. 12, 2018 Respondent's Motion to Continue Hearing Date filed.
Jan. 11, 2018 Notice of Appearance (Francis Rapprich) filed.
Dec. 29, 2017 Notice of Petitioner's First Interlocking Discovery Requests filed.
Dec. 28, 2017 Notice of Court Reporter filed.
Dec. 06, 2017 Order of Pre-hearing Instructions.
Dec. 06, 2017 Notice of Hearing by Video Teleconference (hearing set for January 31, 2018; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Dec. 05, 2017 Order of Consolidation (DOAH Case Nos. 17-6472 and 17-6473).
Dec. 04, 2017 Joint Response to Initial Order filed.
Dec. 04, 2017 Joint Response to Initial Order filed.
Nov. 30, 2017 Initial Order.
Nov. 30, 2017 Administrative Complaint filed.
Nov. 30, 2017 Election of Rights filed.
Nov. 30, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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