Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: MCLENDON BUILDER, INC.
Judges: G. W. CHISENHALL
Agency: Department of Financial Services
Locations: Pensacola, Florida
Filed: Jun. 18, 2018
Status: Closed
Recommended Order on Wednesday, November 28, 2018.
Latest Update: Mar. 05, 2019
Summary: The issue is whether Mclendon Builders, Inc. (“Mclendon Builders”), had insufficient workers’ compensation insurance during the time period in question; and, if so, the amount of the resulting penalty.Respondent failed to provide persuasive evidence to support its affirmative defense.
TempHtmlFILED
FEB272019
Chief Financial Officer
Docketed by:
CHIEF FINANCIAL OFFICER
JIMMY PATRONIS
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION,
DOAH CASE NO.: 18-3120
Petitioner, DFS CASE NO.: 16-326-1A-WC
V.
MCLENDON BUILDERS, INC.,
Respondent.
FINAL ORDER
THIS CAUSE came on for consideration of and for final agency action on a Recommended Order.
After reviewing the record, including all testimony and admitted exhibits, considering applicable law, and otherwise being fully apprised in all material premises, the Recommended Order is hereby adopted.
Accordingly, McLendon Builders, Inc., is assessed a penalty in the amount of
$31,244.80 for failing to secure and maintain required workers' compensation insurance.
DONE and ORDERED this 2 d a y o f 2019.
Filed March 5, 2019 1:13 PM Division of Administrative Hearings
NOTICE OF RIGHT TO APPEAL
A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure
9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d), and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.
Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is (850) 488-0697. The email address is Julie.Jones@Mfloridacfo.com.
Copies furnished to:
Andrew McLendon McLendon Builders, Inc. 4323 Preserve Place
Destin, Florida 32541
(email address unknown)
Leon Melnicoff Senior Attorney
Department of Financial Services
200 East Gaines Street Tallahassee, Florida 32399-0333
Leon.melnicoff(c Myfloridacfo.com
MAILED
T d A " l
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Docket for Case No: 18-003120
| Issue Date |
Proceedings |
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Mar. 05, 2019 |
Agency Final Order filed.
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Nov. 28, 2018 |
Recommended Order (hearing held October 18, 2018). CASE CLOSED.
|
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Nov. 28, 2018 |
Order Denying Petitioner's Motion to Deem Matters Admitted and to Relinquish Jurisdiction.
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Nov. 28, 2018 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Nov. 08, 2018 |
Petitioner's Proposed Recommended Order filed.
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Nov. 05, 2018 |
Letter from Andrew McLendon filed.
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Oct. 29, 2018 |
Notice of Filing Transcript.
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Oct. 29, 2018 |
Transcript of Proceedings (not available for viewing) filed. |
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Oct. 18, 2018 |
CASE STATUS: Hearing Held. |
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Oct. 15, 2018 |
CASE STATUS: Pre-Hearing Conference Held. |
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Oct. 08, 2018 |
Department's (Proposed) Exhibits filed (exhibits not available for viewing). |
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Oct. 08, 2018 |
Department's Witness List filed.
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Oct. 08, 2018 |
Department's Notice of Intent to Use Summaries filed.
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Oct. 08, 2018 |
Department's Notice of Filing Proposed Exhibits filed.
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Oct. 08, 2018 |
Notice of Telephonic Pre-hearing Conference (set for October 15, 2018; 2:00 p.m., Eastern Time; 1:00 p.m., Central Time).
|
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Oct. 03, 2018 |
Department's Motion to Deem Matters Admitted and to Relinquish Jurisdiction filed.
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Aug. 13, 2018 |
Order Granting Petitioner's Agreed Motion to Continue Final Hearing and Rescheduling Hearing (hearing set for October 18, 2018; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
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Aug. 10, 2018 |
Department's Agreed Motion to Continue Final Hearing filed.
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Jul. 30, 2018 |
Department's Notice of Taking Telephonic Deposition (of Ashley Mclendon) filed.
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Jul. 30, 2018 |
Department's Notice of Taking Telephonic Deposition (of Andrew Mclendon) filed.
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Jul. 12, 2018 |
Joint Stipulation regarding Deposition filed.
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Jul. 02, 2018 |
Notice of Service of Department of Financial Services' First Discovery Requests filed.
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Jul. 02, 2018 |
Department's Notice of Taking Telephonic Deposition (of Lawrence Eaton) filed.
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Jun. 27, 2018 |
Notice of Hearing by Video Teleconference (hearing set for August 23, 2018; 9:30 a.m., Central Time; Pensacola and Tallahassee, FL).
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Jun. 27, 2018 |
Order of Pre-hearing Instructions.
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Jun. 25, 2018 |
Department's Agreed Response to Initial Order filed.
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Jun. 19, 2018 |
Initial Order.
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Jun. 18, 2018 |
2nd Amended Order of Penalty Assessment filed.
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Jun. 18, 2018 |
Amended Order of Penalty Assessment filed.
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Jun. 18, 2018 |
Stop-Work Order filed.
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Jun. 18, 2018 |
Request for Administrative Hearing filed.
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Jun. 18, 2018 |
Agency referral filed.
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Orders for Case No: 18-003120
| Issue Date |
Document |
Summary |
|
Feb. 27, 2019 |
Agency Final Order
|
|
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Nov. 28, 2018 |
Recommended Order
|
Respondent failed to provide persuasive evidence to support its affirmative defense.
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