94-006975
Richard W. Gardner And Pestagon Termite And Pest Management., Inc. vs.
Department Of Agriculture And Consumer Services
Status: Closed
Recommended Order on Tuesday, May 23, 1995.
Recommended Order on Tuesday, May 23, 1995.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8RICHARD W. GARDNER, PESTAGON )
13TERMITE AND PEST MANAGEMENT, INC., )
19)
20Petitioner, )
22)
23vs. ) CASE NO. 94-6975
28)
29DEPARTMENT OF AGRICULTURE AND )
34CONSUMER SERVICES, )
37)
38Respondent. )
40___________________________________)
41RECOMMENDED ORDER
43Upon due notice, William R. Cave, Hearing Officer, Division of
53Administrative Hearings held a formal hearing in this matter on March 28, 1995,
66in Sarasota, Florida.
69APPEARANCE
70For Petitioner: Gary M. Glassman, Esquire
762100 South Tamiami Trail
80Sarasota, Florida 34239
83For Respondent: Robert G. Worley, Esquire
89Department of Agriculture and
93Consumer Services
95515 Mayo Building
98Tallahassee, Florida 32399-0800
101STATEMENT OF THE ISSUE
105Should Petitioner's identification card be revoked, suspended or otherwise
114disciplined based on the allegations contained in the Notice Of Intent To Impose
127Warning Letter dated September 20, 1994?
133PRELIMINARY STATEMENT
135On September 20, 1994, Respondent Department of Agriculture and Consumer
145Services (Department) issued a Notice Of Intent To Impose Warning Letter wherein
157the Department alleged that Petitioner had failed to report visible and
168accessible evidence of and damage caused by wood-destroying organisms on Form
1791145 Wood-Destroying Organisms Inspection Report in accordance with Section
188482.226(1), Florida Statutes, and Rule 5E-14.142(2)(c), Florida Administrative
196Code, in violation of Section 482.161(1)(f), Florida Statutes. On October 7,
2071994, Petitioner disputed the factual allegations and requested a formal
217hearing. By letter dated December 15, 1994, the Department referred
227Petitioner's request for formal hearing to the Division of Administrative
237Hearings (Division) for the assignment of a Hearing Officer and conduct of a
250hearing.
251The parties stipulated that Pestagon Termite & Pest Management, Inc.
261(Pestagon) is not a party to this proceeding but was included in the style of
276the case for the purpose of identifying the licensed business which employed
288Petitioner. Additionally, the parties stipulated that the Department had the
298burden of going forward with the proof, notwithstanding that Richard W. Gardner
310was named as Petitioner.
314Petitioner testified on his own behalf and presented the testimony of Roger
326Mensing. Petitioner did not offer any documentary evidence. The Department
336presented the testimony of Ronald P. Forshee and Thane R. Beehler, Sr. The
349Department's exhibits 1 through 8 were received as evidence.
358A transcript of this proceeding was filed with the Division on April 20,
3711995. The parties timely filed their Proposed Recommended Orders. A ruling on
383each proposed finding of fact submitted by the parties has been made as
396reflected in an Appendix to the Recommended Order.
404FINDINGS OF FACT
407Upon consideration of the oral and documentary evidence adduced at the
418hearing, the following relevant findings of fact are made:
4271. At all times material to this proceeding, Petitioner Richard W. Gardner
439was an employee of Pestagon Termite and Pest Management, Inc. and the holder of
453an identification card issued by the Department in accordance with Section
464482.091, Florida Statutes, which authorized Petitioner to perform inspections of
474structures for wood-destroying organisms.
4782. Petitioner has been an identification cardholder for approximately six
488and one-half years and during that time has received special training in the
501detection and control of wood-destroying organisms.
5073. In accordance with instructions from his employer, Pestagon, Petitioner
517performed an inspection for wood-destroying organisms of a residence located at
5281550 Wilson Road, Sarasota, Florida on February 16, 1993. The inspection was
540made at the request of the realtor in connections with the sale of the residence
555where the termite inspection was a condition to the closing of the sale.
5684. After completing his inspection of the premises for wood-destroying
578organisms, Petitioner issued a Wood-Destroying Organisms Inspection Report in
587accordance with Section 482.226, Florida Statutes, and Rule 5E-14.142(2)(c),
596Florida Administrative Code. Petitioner's report was what is commonly referred
606to as a "clean report", i.e. showing no evidence of wood-destroying organisms,
618no visible damage and no evidence of previous treatment.
6275. Ronald P. Forshee, purchaser in the real estate transaction, relied on
639Petitioner's report, among other things, and purchased the residence.
6486. Sometime around mid-February, 1994, Forshee encountered swarming
656termites in several rooms in his residence. Several pest control companies,
667including Pestagon, inspected the residence and confirmed that there was a
678termite infestation. None of the pest control companies who inspected the
689residence gave a definite time period when the termites may have first infested
702the Forshee residence.
7057. On March 6, 1994, Forshee filed a complaint against the Petitioner with
718the Department.
7208. In response to the complaint filed by Forshee, Thane Beehler, inspector
732for the Department, inspected the residence on April 15, 1994, and May 19, 1994,
746and discovered evidence of subterranean termites.
7529. Beehler found visible signs (mud tunnels) of termite infestation by
763looking through a vent to the underside of the residence. The vent would have
777been accessible to Petitioner at the time of his inspection of the Forshee
790residence on February 16, 1993.
79510. Beehler's size prevented him from crawling throughout the underside of
806the residence without some excavation because of a low floor joist. Although
818Beehler did not find any visible evidence of termites in the area where he
832crawled, a distance of 20 - 25 feet, he was able to see mud tunnels, both in use
850and abandoned, beyond where he crawled. In order to get photographs of the
863termite infestation beyond where Beehler crawled, and not require excavation,
873Forshee crawled under the floor joist and took photographs with Beehler's
884camera. This area was accessible to Petitioner on February 16, 1993, when he
897made his inspection of the Forshee residence.
90411. While there is insufficient evidence to establish the exact time the
916Forshee residence was infected with subterranean termites, there is sufficient
926evidence to show that the termite infestation observed by Beehler at the time of
940his inspection of the Forshee residence on April 15, 1994, and May 19, 1994, had
955been present at the Forshee residence no less than three to five years.
96812. There is sufficient evidence to show that the termite infestation
979observed by Beehler at the Forshee residence on April 15, 1994, and May 19,
9931994, existed, and was visible from areas accessible to Petitioner, at the time
1006Petitioner made his inspection of the Forshee residence on February 16, 1993.
1018CONCLUSIONS OF LAW
102113. The Division of Administrative Hearings has jurisdiction over the
1031parties to, and the subject matter of, this proceeding pursuant to Section
1043120.57(1), Florida Statutes.
104614. Pertinent to this case, Section 482.161(1)(f), Florida Statutes,
1055provides:
1056(1) The department may issue a written warning
1064to or fine a licensee, certified operator,
1071limited certificateholder, identification
1074cardholder, or special identification cardholder
1079or may suspend, revoke, or stop the issuance or
1088renewal of any license, certificate, limited
1094certificate identification card, or special
1099identification card coming within the scope
1105of this chapter, in accordance with chapter
1112120, upon any one or more of the following
1121grounds as the same may be applicable:
1128* * *
1131(f) Performing pest control in a negligent manner.
113915. Section 482.021(20)(b), Florida Statutes, includes in the definition
1148of pest control the identification of or inspection for infestations or
1159infections in, on, or under a structure, lawn, or ornamental.
116916. In accordance with its authority to adopt rules under Section 482.051,
1181Florida Statutes, the Department adopted Rule 5E-142(2)(c), Florida
1189Administrative Code, which in pertinent part provides:
1196(2) Reports:
1198* * *
1201(c) Termite or other wood-destroying organisms
1207inspection report:
1209* * *
1212The licensee shall inspect for all wood-
1219destroying organisms as defined in Chapter
1225482.021(27), F.S., in accordance with the
1231following inspection standards:
1234(1) The inspection will include all areas
1241accessible by normal means but does not cover
1249those areas that are enclosed or inaccessible,
1256areas concealed by wall coverings, floor coverings,
1263furniture, equipment, stored articles, insulation,
1268or any portion of the structure in which inspection
1277would necessitate removing or defacing any part
1284of the structure.
1287(2) The inspection will be visible but may
1295include probing and sounding of structural members
1302as deemed necessary by the inspector, based upon
1310a preliminary finding of visual evidence of
1317infestation or damage.
132017. In a disciplinary proceeding, the burden is upon the regulatory agency
1332to establish facts upon which its allegations of misconduct are based. Balino
1344v. Department of Health and Rehabilitative Services, 348 So.2d 349 (1st DCA Fla.
13571977). The Department must prove the material allegations of the Notice Of
1369Intent To Impose Warning Letter by clear and convincing evidence. Ferris v.
1381Turlington, 510 So.2d 292 (Fla. 1987). The Department has met its burden in
1394this regard. It is clear from the record, using the standard set out in Rule
14095E-142(2)(c), Florida Administrative Code, that Petitioner performed the
1417inspection of the Forshee residence in a negligent manner in violation of
1429Section 482.161(1)(f), Florida Statutes.
1433RECOMMENDATION
1434Based on the foregoing Findings of Fact and Conclusions of Law, it is
1447recommended that the Department enter a final order finding Petitioner guilty of
1459violating Section 482.161(1)(f), Florida Statutes. It is further recommended,
1468after considering Section 482.161(7), Florida Statutes, that for such violation
1478Petitioner be required to pay an administrative fine of $500.
1488DONE AND ENTERED this 23rd day of May, 1995, in Tallahassee, Florida.
1500___________________________________
1501WILLIAM R. CAVE, Hearing Officer
1506Division of Administrative Hearings
1510The DeSoto Building
15131230 Apalachee Parkway
1516Tallahassee, Florida 32399-1550
1519(904) 488-9675
1521Filed with the Clerk of the
1527Division of Administrative Hearings
1531this 23rd day of May, 1995.
1537APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-6975
1544The following constitutes my specific rulings, pursuant to Section
1553120.59(2), Florida Statutes, on all of the proposed findings of fact submitted
1565by the Department in this case.
1571Petitioner's Proposed Findings of Fact:
15761. The following proposed findings of fact are adopted in substance as
1588modified in the Recommended Order. The number in parentheses is the Finding(s)
1600of Fact which so adopts the proposed finding(s) of fact: 1(1); 2(2); 3(3); 4(4);
1614and 5-6(6).
16162. The first four sentences of proposed finding of fact 7 are adopted in
1630Findings of Fact 8-10. The balance of proposed finding of fact 7 are rejected
1644as not being supported by evidence in the record.
16533. The first two sentences of proposed finding of fact 8 is adopted in
1667Finding of Fact 3. The balance of proposed finding of fact 8 is rejected as not
1683being supported by evidence in the record.
1690Department's Proposed Findings of Fact:
16951. The following proposed findings of fact are adopted in substance as
1707modified in the Recommended Order. The number in parentheses is the Finding(s)
1719of Fact which so adopts the proposed finding(s) of fact: 1-4(1-4,respectively);
17315(5,6);and 7(8-12).
17352. The first two sentences of proposed finding of fact 6 is neither
1748material nor relevant. The balance of proposed finding of fact 6 is adopted in
1762Finding of Fact 7.
1766COPIES FURNISHED:
1768Honorable Bob Crawford
1771Commissioner of Agriculture
1774The Capitol, PL-10
1777Tallahassee, Florida 32399-0810
1780Richard Tritschler
1782General Counsel
1784Department of Agriculture and
1788Consumer Services
1790The Capitol, PL-10
1793Tallahassee, Florida 32399-0810
1796Gary M. Glassman, Esquire
18002100 South Tamiami Trail
1804Sarasota, Florida 34239
1807Robert F. Worley, Esquire
1811Department of Agriculture and
1815Consumer Services
1817515 Mayo Building
1820Tallahassee, Florida 32399-0800
1823NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
1829All parties have the right to submit written exceptions to this Recommended
1841Order. All agencies allow each party at least 10 days in which to submit
1855written exceptions. Some agencies allow a larger period within which to submit
1867written exceptions. You should contact the agency that will issue the final
1879order in this case concerning agency rules on the deadline for filing exceptions
1892to this Recommended Order. Any exceptions to this Recommended Order should be
1904filed with the agency that will issue the final order in this case.
1917=================================================================
1918AGENCY FINAL ORDER
1921=================================================================
1922STATE OF FLORIDA
1925DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
1931RICHARD W. GARDNER, PESTAGON
1935TERMITE AND PEST MANAGEMENT, INC.,
1940Petitioner,
1941vs. DOAH CASE NO. 94-6975
1946FDACS CASE NO. 94-0720
1950DEPARTMENT OF AGRICULTURE AND
1954CONSUMER SERVICES.
1956Respondent.
1957____________________________________/
1958FINAL ORDER
1960THIS MATTER, arising under the Structural Pest Control Act, Fla. Stat.
1971482.011 - 482.242, is before the Commissioner of Agriculture as agency head of
1984the Florida Department of Agriculture and Consumer Services (hereinafter
1993referred to as the "Department") for final agency action.
2003BACKGROUND
2004On September 20, 1994, Respondent Department issued a Notice of Intent to
2016Impose Warning Letter in which the Department alleged Petitioner, Richard W.
2027Gardner, had failed to report visible and accessible evidence of, and damage
2039caused by, wood-destroying organisms on Form 1145, entitled "Wood-Destroying
2048Organisms Inspection Report" in accordance with Fla. Stat. 482.226(1) and Fla.
2059Admin. Code Ann.r. 5E-14.142(2)(c) resulting from an inspection by Petitioner
2069for wood-destroying organisms at a residence in Sarasota, Florida. The
2079Department further alleged that failure to report such evidence of and/or damage
2091caused by wood-destroying organisms is a violation of Fla. Stat. 482.161(1)(f).
2102On October 7, 1994, Petitioner disputed the factual allegations contained in the
2114Notice of Intent to Impose Warning Letter. By letter dated December 15, 1994,
2127the Department referred Petitioner's request for formal hearing to the Division
2138of Administrative Hearings for the assignment of a Hearing Officer and conduct
2150of a hearing.
2153A formal hearing was conducted on March 28, 1995, in Sarasota, Florida. At
2166hearing, the parties stipulated that Pestagon Termite & Pest Management, Inc.
2177was not a party to the proceedings, but was included in the style of the case
2193for the purpose of identifying the licensed business which employed Petitioner.
2204At formal hearing, Petitioner appeared through counsel, testified on his
2214own behalf and presented the testimony of Roger Mensing proffered as an expert
2227in pest control. Petitioner did not offer any documentary evidence. The
2238Department appeared through counsel, presented the testimony of Ronald P.
2248Forshee and Thane R. Beehler, Jr. Mr. Beehler testified as an expert in the
2262field of pest control and inspection of termites and entomology in general. The
2275Department's exhibits 1 through 8 were received as evidence.
2284The Hearing Officer in this matter issued a Recommended Order on May 23,
22971995 which recommended the Commissioner issue a final order finding Petitioner
2308guilty of violating Fla. Stat. 482.161(1)(f). The Hearing Officer further
2318recommended that Petitioner be required to pay an administrative fine in the
2330amount of $500. Petitioner filed timely Exceptions to Recommended Order.
2340RULING ON PETITIONER'S WRITTEN EXCEPTIONS
2345Petitioner lists six paragraphs as exceptions to the Recommended Order
2355challenging the Hearing Officer's Findings of Fact.
2362Under Florida law: "It is for the hearing officer to consider all the
2375evidence presented, resolve conflicts, judge the credibility of witnesses, draw
2385permissible inferences from the evidence, and reach ultimate findings of fact
2396based on competent substantial evidence," Martuccio v. Dept. of Pro. Regulation,
2407622 So.2d 607, 609 (Fla.App. 1 Dist. 1993) and "The agency may not reject or
2422modify the finding of facts of...unless the agency...[determines]...the findings
2431of fact were not based upon competent substantial evidence...". Dept. of
2443Business & Pro. Reg. v. McCarthy, 638 So.2d. 574, 575 (Fla.App. 1 Dist. 1993),
2457Fla. Stat. 120.57(1)(b)(10).
24601. Petitioner's Exception no. 1. Petitioner's Exception number 1 does not
2471challenge a finding, but rather is a verbatim recitation of the Hearing
2483Officer's Finding of Fact number 11. The Commissioner rejects Petitioner's
2493Exception no. 1 as being irrelevant and immaterial.
25012. Petitioner's Exceptions nos. 2-5. Petitioner's Exceptions 2-5
2509challenge expert opinions offered by Respondent at bearing in this matter. It
2521is for the hearing officer to weigh the evidence and judge the credibility of
2535witnesses (Martuccio at 609) and the agency may not disturb the hearing
2547officer's findings if such findings are supported by competent substantial
2557evidence. (Fla. Stat.. 120.1(b)(10)). Upon review of the complete file in this
2569matter, it is the determination of the Commissioner of Agriculture that the
2581hearing officer properly considered all evidence, including expert testimony
2590proffered by both parties, therefore, Petitioner's Exception's 2-5 are denied.
26003. Petitioner's Exception no. 6. Petitioner's Exception number 6 provides
2610in pertinent part: "The hearing officer determined that the Petitioner's
2620proposed finding of fact 8 "is rejected as being not supported by evidence in
2634the record."" Upon review of the hearing officer's Appendix to Recommended
2645Order, Case No. 94-6925, the following language may be found at paragraph 3:
2658The first two sentences of [Petitioner's] proposed finding
2666of fact 8 is adopted in Finding of Fact 3. The balance of
2679[Petitioner's] finding of fact is rejected as not
2687being supported by evidence in record.
2693Emphasis supplied.
2695The issue in this matter is whether or not Petitioner failed to report
2708visible and accessible evidence of, and/or damage caused by, wood destroying
2719organisms on Form 1145, not Petitioner's physical inspection of the residence.
2730Therefore, the hearing Officer's rejection of the last two sentences of
2741Petitioner's proposed finding of fact 8 is proper and supported by competent
2753substantial evidence. Consequently, Petitioner's Exception no. 6 is denied.
2762For the above reasons, Petitioner's Written Exceptions are denied.
2771WHEREFORE it is ORDERED and ADJUDGED:
27771. Petitioner's written exceptions are DENIED;
27832. The Hearing Officer's Findings of Fact are adopted in toto as the
2796Department's findings of fact;
28003. The Hearing Officer's Conclusions of Law are adopted in toto as the
2813Department's conclusions of law; and
28184. The Hearing Officer's Recommendation--that the Commissioner of
2826Agriculture enter a final order finding Petitioner guilty of violating Fla.
2837Stat. 482.161(1)(f) and order Petitioner to pay an administrative fine of $500--
2849is APPROVED and ADOPTED as the appropriate disposition of this matter.
28605. It is ORDERED Petitioner pay an administrative fine in the amount of
2873FIVE HUNDRED DOLLARS (500.00) payable to the Florida Department of Agriculture
2884and Consumer Services within thirty (30) days of the date of this Order.
2897NOTICE OF RIGHT TO APPEAL
2902Any party to these proceedings adversely affected by this Final Order is
2914entitled to seek judicial review thereof pursuant to Fla. Stat. 120.68 and Rule
29279.110, Florida Rules of Appellate Procedure. Review proceedings must be
2937initiated by filing a petition or notice of appeal with the Agency Clerk, Room
2951515, Mayo Building, Tallahassee, Florida 32399-0800, and a copy of the same
2963with the appropriate District Court of Appeal within thirty (30) days of the
2976date this ORDER is final.
2981DONE AND ORDERED this 21st day of June, 1995.
2990_________________________________
2991BOB CRAWFORD
2993Commissioner of Agriculture
2996_________________________________
2997ANN H. WAINWRIGHT
3000Assistant Commissioner
3002Florida Department of Agriculture
3006and Consumer Services
3009FILED with the Agency Clerk this 21st day of June, 1995.
3020_________________________________
3021JOANN S. DIXON
3024Agency Clerk
3026COPIES TO:
3028Gary M. Glassman, Esquire Richard Ditschler, Esquire
30352100 South Tamiami Trail General Counsel
3041Sarasota, Florida 34239 Department of Agriculture and
3048Consumer Services
3050William R. Cave The Capitol, PL-10
3056Hearing Officer Tallahassee, Florida 32399-0810
3061Division of Administrative
3064Hearings Robert G. Worley, Esquire
3069The Desoto Building Room 515, Mayo Building
30761230 Apalachee Parkway Tallahassee, Florida 32399-0800
3082Tallahassee, Florida 32399-1550
3085=================================================================
3086DISTRICT COURT OPINION
3089=================================================================
3090NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
3098MOTION AND, IF FILED, DETERMINED.
3103RICHARD W. GARDNER, PESTAGON IN THE DISTRICT COURT OF APPEAL
3113TERMITE AND PEST MANAGEMENT, OF FLORIDA
3119INC. SECOND DISTRICT
3122Appellant, CASE NO. 95-03066
3126DOAH CASE NO. 94-6975
3130v.
3131DEPARTMENT OF AGRICULTURE
3134AND CONSUMER SERVICES,
3137Appellee.
3138______________________________/
3139Opinion filed April 3, 1996.
3144Appeal from a final order of the Department of Agriculture and Consumer
3156Services.
3157Gary M. Glassman, Sarasota, for Appellant.
3163Robert C. Worley, Department of Agriculture and Consumer Services, Tallahassee,
3173for Appellee.
3175PER CURIAM.
3177Affirmed.
3178SCHOONOVER, A.C.J., and BLUE and WHATLEY, JJ., Concur.
3186MANDATE
3187From
3188DISTRICT COURT OF APPEAL OF FLORIDA
3194SECOND DISTRICT
3196STYLE: Richard A. Gardner vs. Department of Agriculture and
3205Consumer Services
3207COUNTY: Sarasota
3209APPELLATE CASE NO: 95-03066
3213TRIAL COURT CASE NO: 94-6975/94-0720
3218This cause having been brought to this court by appeal and after due
3231consideration, the court having issued its opinion;
3238YOU ARE THEREBY COMMANDED that further proceedings be had in said cause in
3251accordance with he opinion of this court and with the rules of procedure and
3265laws of the State of Florida.
3271WITNESS the Honorable Edward F. Threadgill, Jr.,
3278Chief Judge of the District Court of Appeal of the State
3289of Florida, Second District, and the seal of said
3298court at Lakeland, Florida on this day.
3305April 24, 1996
3308_______________________________
3309(Seal) William A. Haddad
3313Clerk, District Court of Appeal
3318Second District
- Date
- Proceedings
- Date: 04/29/1996
- Proceedings: Opinion and Mandate from the Second DCA filed.
- Date: 12/03/1995
- Proceedings: (Respondent) Unilateral Response to Initial Order filed.
- Date: 10/03/1995
- Proceedings: (Petitioners) Motion for Extension of Time Pursuant to Rule 9.300(a),Florida Rules of Appellate Procedure filed.
- Date: 08/18/1995
- Proceedings: DCA Case Number 2-95-3066 filed.
- Date: 08/09/1995
- Proceedings: Motion for Stay Pursuant to Rule 9.0310, Rules of Appellate Procedure filed.
- Date: 07/24/1995
- Proceedings: AGENCY APPEAL, ONCE THE RETENTION SCHEDULE OF -KEEP ONE YEAR AFTER CLOSURE- IS MET, CASE FILE IS RETURNED TO AGENCY GENERAL COUNSEL. -ac
- Date: 06/22/1995
- Proceedings: Final Order filed.
- Date: 05/08/1995
- Proceedings: Petitioner`s Proposed Recommended Order w/cover letter filed.
- Date: 04/25/1995
- Proceedings: Department`s Proposed Recommended Order filed.
- Date: 04/20/1995
- Proceedings: Transcript of Hearing filed.
- Date: 03/28/1995
- Proceedings: CASE STATUS: Hearing Held.
- Date: 03/10/1995
- Proceedings: Amended Notice of Hearing sent out. (hearing set for 3/28/95; 1:00pm;Sarasota)
- Date: 03/08/1995
- Proceedings: (Petitioner) Motion for Continuance filed.
- Date: 03/07/1995
- Proceedings: Order of Continuance and Rescheduling Hearing sent out. (hearing rescheduled for 4/28/95; 1:00pm; Sarasota)
- Date: 02/24/1995
- Proceedings: (Petitioner) Notice of Appearance filed.
- Date: 02/21/1995
- Proceedings: Amended Notice of Hearing (As to date only) sent out. (hearing set for 03/07/95;1:00PM;Sarasota)
- Date: 02/09/1995
- Proceedings: Notice of Hearing sent out. (hearing set for 3/6/95; 1:00pm; Sarasota)
- Date: 01/10/1995
- Proceedings: Letter to Hearing Officer from R. Worley re: Gary Glassman representing R. W. Gardner add name to service list for distribution of all information filed.
- Date: 12/21/1994
- Proceedings: Initial Order issued.
- Date: 12/15/1994
- Proceedings: Agency Referral Letter; Notice of Intent to Impose Warning Letter; Warning Letter; Petition for Formal Proceeding filed.
Case Information
- Judge:
- WILLIAM R. CAVE
- Date Filed:
- 12/15/1994
- Date Assignment:
- 12/21/1994
- Last Docket Entry:
- 04/29/1996
- Location:
- Sarasota, Florida
- District:
- Middle
- Agency:
- ADOPTED IN TOTO