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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs GERARD ALSIEUX, 18-000376 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-000376 Visitors: 30
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: GERARD ALSIEUX
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Brooksville, Florida
Filed: Jan. 19, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 26, 2018.

Latest Update: Dec. 23, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date -11/27/2017 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2017-037160 ECLB GERARD ALSIEUX, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Gerard Alsieux (“Respondent”), and alleges: is Petitioner is the state ‘agehiey 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 Vac Vent, Inc. an entity properly qualified under the provisions of chapter 489, Florida Statutes. : 5. Respondent’s last known difitress is 4086 Gulf Coast Drive, Hernando Beach, Florida 34607. 6. On or about March 13, 2017, Respondent, D/B/A Vac Vent, Inc., offered, contracted, or performed regulated electrical contracting services, including but not limited to, installing a water heater and moving and re-wiring light fixtures, at 2627 Berdetta Street, Leesburg, Florida 34748. 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)(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 489.53 1(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 2" day of November, 2017. JONATHAN ZACHEM, Secretary Department of Business and Professional Regulation By: = /s/ Roger 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 Fax: 850.921.9186 roger.maas@myfloridalicense.com Contact Information: Please call Robert Sears: (850) 717-1205/Roger Maas: (850) 717-1210 for more information PC Found: November 2, 2017 By: DBPR ASB 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: 18-000376
Issue Date Proceedings
Feb. 26, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 20, 2018 Joint Motion to Relinquish Jurisdiction filed.
Feb. 07, 2018 Notice of Court Reporter filed.
Jan. 29, 2018 Order of Pre-hearing Instructions.
Jan. 29, 2018 Notice of Hearing (hearing set for March 13, 2018; 9:00 a.m.; Brooksville, FL).
Jan. 25, 2018 Notice of Petitioner's First Interlocking Discovery Requests filed.
Jan. 25, 2018 Order of Consolidation (DOAH Case Nos. 18-0375, 18-0376).
Jan. 24, 2018 Petitioner's Motion to Consolidate filed.
Jan. 24, 2018 Joint Response to Initial Order filed.
Jan. 23, 2018 Notice of Appearance (Brande Miller) filed.
Jan. 22, 2018 Initial Order.
Jan. 19, 2018 Election of Rights filed.
Jan. 19, 2018 Administrative Complaint filed.
Jan. 19, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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