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13-001184 East West Citrus Packers, Llc, C/O Guillermo Vazquez vs. Department Of Citrus
 Status: Closed
Recommended Order on Thursday, May 30, 2013.

View Dockets  
Summary: Petitioner failed to appear for hearing; did not meet burden of proof.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8EAST WEST CITRUS PACKERS, LLC, )

14C/O GUILLERMO VAZQUEZ , )

18)

19Petitioner , )

21)

22vs. ) Case No. 13 - 1184

29)

30DEPARTMENT OF CITRUS , )

34)

35Respondent . )

38)

39RECOMMENDED ORDER OF DISMISSAL

43On May 30, 2013, an administrative hearing in this case was

54conducted by videoconference in Lakeland and Tallahassee,

61Florida, before William F. Quattlebaum, Administrative Law Judge,

69Division of Administrative Hearings.

73AP PEARANCES

75For Petitioner: No Appearance

79For Respondent: Joseph P. Mawhinney, Esquire

85Reed and Mawhinney, P.L.

891611 Harden Boulevard

92Lakeland, Florida 33803 - 1826

97PRELIMINARY STATEMENT

99By letter dated March 13, 2013, the Department o f Citrus

110(Respondent) notified East West Citrus Packers, LLC (Petitioner) ,

118that the Petitioner ' s application for licensure as a citrus fruit

130dealer had been reviewed and that the Respondent would recommend

140to the Florida Citrus Commission that the applicat ion be denied.

151The letter advised the Petitioner that the recommendation

159could be challenged in an administrative proceeding. The

167Petitioner requested an administrative hearing. The Respondent

174forwarded the request to the Division of Administrative Hea rings

184(DOAH), which scheduled and conducted the proceeding.

191At the time scheduled for commencement of the hearing on

201May 30, 2013, no one representing the Petitioner had arrived at

212the hearing location. The Respondent was represented by counsel ,

221and the Respondent ' s identified witnesses were present.

230The Respondent ' s counsel advised that he had communicated

240with representatives of the Petitioner who had indicated they

249would not attend the scheduled hearing. Because the Petitioner

258had filed nothing wit h DOAH indicating that it would not attend

270the hearing, the Administrative Law Judge delayed the hearing for

28015 minutes to allow for the late arrival of the Petitioner or a

293representative, and then adjourned the hearing when none arrived.

302The Notice of H earing issued in this case advised that a

314failure to appear at the hearing could result in closure of the

326file without further proceedings.

330Additionally, the Petitioner has the burden of establishing ,

338by a preponderance of the evidence, entitlement to th e licensure

349sought in this proceeding. Fla . Dep ' t of Transp . v. J.W.C. Co . ,

365Inc. , 396 So. 2d 778 (Fla. 1st DCA 1981); Balino v. Dep ' t of H RS ,

382348 So. 2d 349 (Fla. 1st DCA 1977); and § 120.57(1)(j), Fla .

395Stat . Because the Petitioner presented no evidence at the

405hearing in support of the application, the Petitioner failed to

415meet the burden of establishing entitlement to the licensure

424sought.

425RECOMMENDATION

426Based on the foregoing Findings of Fact and Conclusions of

436Law, it is RECOMMENDED that the Department of Citrus enter a

447f inal o rder dismissing the application filed by the Petitioner

458for licensure as a citrus fruit dealer .

466DONE AND ENTERED this 30th day of May , 2013 , in Tallahassee,

477Leon County, Florida.

480S

481WILLIAM F. Q UATTLEBAUM

485Administrative Law Judge

488Division of Administrative Hearings

492The DeSoto Building

4951230 Apalachee Parkway

498Tallahassee, Florida 32399 - 3060

503(850) 488 - 9675

507Fax Filing (850) 921 - 6847

513www.doah.state.fl.us

514Filed with the Clerk of the

520Division of Admin istrative Hearings

525this 30th day of May , 2013 .

532COPIES FURNISHED:

534Douglas Ackerman, Executive Director

538Department of Citrus

541Post Office Box 9010

545605 East Main Street

549Bartow, Florida 33831 - 9010

554Joseph P. Mawhinney, Esquire

558Reed and Mawhinney, P.L.

5621611 Harden Boulevard

565Lakeland, Florida 33803 - 1826

570Guillermo Vazquez

572East West Citrus Packers, LLC

57711860 Southwest 183rd Street

581Miami, Florida 33177 - 2453

586NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

592All parties have the right to submit written exceptions within

60215 days from the date of this Recommended Order. Any exceptions

613to this Recommended Order should be filed with the agency that

624will issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/22/2013
Proceedings: Agency Final Order of Agency Action of the Florida Department of Citrus Disapproving Application for License as Citrus Fruit Dealer filed.
PDF:
Date: 07/17/2013
Proceedings: Agency Final Order
PDF:
Date: 06/07/2013
Proceedings: Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits numbered 1-32, to Respondent.
PDF:
Date: 05/30/2013
Proceedings: Recommended Order
PDF:
Date: 05/30/2013
Proceedings: Recommended Order of Dismissal (hearing held May 30, 2013). CASE CLOSED.
PDF:
Date: 05/30/2013
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
Date: 05/30/2013
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 05/29/2013
Proceedings: Respondent, Department of Citrus' Amendment to (Proposed) Exhibit List filed.
PDF:
Date: 05/29/2013
Proceedings: Respondent, Department of Citrus' (Proposed) Exhibit List filed.
Date: 05/28/2013
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 05/24/2013
Proceedings: Respondent, Department of Citrus's Witness List filed.
PDF:
Date: 05/23/2013
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 05/23/2013
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for May 30 and 31, 2013; 9:30 a.m.; Lakeland and Tallahassee, FL; amended as to change to video hearing).
PDF:
Date: 05/22/2013
Proceedings: Amended Notice of Hearing (hearing set for May 30 and 31, 2013; 9:30 a.m.; Lakeland, FL; amended as to location and additional date).
PDF:
Date: 05/22/2013
Proceedings: Notice of Transfer.
PDF:
Date: 04/11/2013
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/11/2013
Proceedings: Notice of Hearing (hearing set for May 30, 2013; 9:30 a.m.; Bartow, FL).
PDF:
Date: 04/11/2013
Proceedings: Notice of Transfer.
PDF:
Date: 04/10/2013
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 04/02/2013
Proceedings: Initial Order.
PDF:
Date: 04/02/2013
Proceedings: Agency action letter filed.
PDF:
Date: 04/02/2013
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 04/02/2013
Proceedings: Agency referral filed.

Case Information

Judge:
WILLIAM F. QUATTLEBAUM
Date Filed:
04/02/2013
Date Assignment:
05/22/2013
Last Docket Entry:
07/22/2013
Location:
Lakeland, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (7):

Related Florida Rule(s) (1):