01-003573
Department Of Business And Professional Regulation vs.
Robert P. Corbett, D/B/A Corbett`s Mobile Home Center
Status: Closed
Recommended Order on Friday, December 14, 2001.
Recommended Order on Friday, December 14, 2001.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8DEPARTMENT OF BUSINESS AND )
13PROFESSIONAL REGULATION, )
16)
17Petitioner, )
19)
20vs. ) Case No. 01 - 3573PL
27)
28ROBERT P. CORBETT, d/b/a )
33CORBETT'S MOBILE HOME CENTER, )
38)
39Respondent. )
41________________________________)
42RECOMMENDED ORDER
44A hearing was held pursuant to notice on November 20,
542001, by Barbara J. Staros, assigned Administrative Law Judge
63of the Division of Administrative Hearings, in Live Oak,
72Florida.
73APPEARANCES
74For Petitioner : Laura P. Gaffney, Esquire
81Department of Business and
85Professional Regulation
871940 North Monroe Street
91Tallahassee, Florida 32399 - 0792
96For Respondent: Robert P. Corbett, pro se
1031126 East Howard Str eet
108Live Oak, Florida 32064
112STATEMENT OF THE ISSUE
116Whether Respondent committed the offenses set forth in
124the Administrative Complaint and, if so, what penalty should
133be imposed.
135PREL IMINARY STATEMENT
138Petitioner, Department of Business and Professional
144Regulation (Department), filed an Administrative Complaint on
151July 19, 2001, alleging that Respondent practiced electrical
159contracting without being duly certified or licensed.
166Responden t disputed the allegations in the Administrative
174Complaint and requested a formal administrative hearing. The
182case was referred to the Division of Administrative Hearings
191on or about September 10, 2001. A formal hearing was set for
203November 20, 2001.
206A t hearing, Petitioner presented testimony of four
214witnesses, Les Smith, Pat Sura, Carol Pike, and Steve Frazier.
224Petitioner's Exhibits numbered 1 - 7 were admitted into
233evidence. Respondent testified on his own behalf and did not
243offer any exhibits into ev idence.
249The hearing was not transcribed. Petitioner and
256Respondent filed post - hearing submissions on November 28 and
26629, 2001, respectively.
269FINDINGS OF FACT
2721. Petitioner, the Department of Business and
279Professional Regulation (Departmen t), is a state agency
287charged with the duty and responsibility of regulating the
296practice of electrical contracting pursuant to Chapters 20,
304455, and 489, Florida Statutes.
3092. At no time material hereto has Respondent been
318certified or licensed as an elec trical contractor pursuant to
328Chapter 489, Part II, Florida Statutes.
3343. In September 1997, Respondent contracted with William
342and Carol Pike of McAlpin, Florida, for the installation of a
353room addition to the Pike's mobile home. The addition was not
364new , but had been used by a previous customer. The addition
375was to be connected to the main part of the house. The
387installation of the addition was completed in October 1997.
396The Pikes paid the full contract price of $8,636.00 to
407Respondent for the install ation of the addition.
4154. The installation of the room addition required
423certain electrical work including: the addition had to be
432wired to the existing mobile home; electrical outlets and
441lights were wired into the addition; and a new outside light
452was added at the back door.
4585. The Pikes did not have any problems with the wiring
469of the room addition until April 6, 2001, when a power outage
481occurred in the area resulting in the Pike's losing electrical
491power. When the electricity was restored, the Pi kes still had
502no electricity in the room addition.
5086. The Pikes contacted the local power company and upon
518checking, the Pikes were informed that the problem was inside
528their home.
5307. The morning after the power outage, the Pikes called
540Corbett's Mob ile Home Center in an effort to get someone out
552to their home that day for the needed repairs. Robert Corbett
563was out of town and they were unable to reach anyone there who
576could come out to the Pike's home that day which was a
588Saturday. The Pike's then called Steve Frazier at Santa Fe
598Electrical Services, to check out the problem.
6058. Upon examination, Mr. Frazier found several problems
613with the electrical wiring under the house including open
622splices, wires spliced together, hot and ground wires rever sed
632and no junction boxes on the wire junctions. Mr. Frazier
642recommended that the Pikes contact the original contractor to
651fix the problem and to leave the breaker off for their safety.
6639. The Pikes contacted Respondent and Respondent sent
"671Billy" t o the Pike's residence on Tuesday, April 10, 2001.
682Billy was unable to correct the problem. The Pikes requested
692that Respondent send out the original permit with the
701repairmen. Respondent sent Billy and another person out to
710attempt to fix the problem b ut they were unsuccessful in doing
722so and did not bring any permit. The Pikes were not
733comfortable with what they perceived to be the level of
743competency of these employees of Respondent and they asked the
753men to leave.
75610. The Pikes then hired Steve Fra zier to correct the
767wiring problems with the room addition. The electrical work
776performed by Frazier to correct the wiring problems included:
785re - wiring and running new wire to outlets; installation of
796several junction boxes; and repairing open splices in the
805walls and ceiling. Mr. Frazier obtained the appropriate
813permit, completed the work of rewiring and obtained a final
823inspection which was approved. The Pikes paid $855.00 to
832Santa Fe Electrical Services for this repair work.
84011. The Pikes filed a complaint with the Suwannee County
850Licensing Board. According to Pat Sura, a building inspector
859with the Suwannee County Building Department, the installation
867of the room addition is akin to the construction of an
878addition at a site and requires an electr ical license and a
890permit. This differs from wiring a double - wide mobile home
901together, as that does not require a permit.
90912. The Department incurred investigative costs in the
917amount of $659.48 in this case.
923CONCLUSIONS OF LAW
92613. The Division of A dministrative Hearings has
934jurisdiction over the parties and subject matter in this case,
944Sections 120.569 and 120.57, Florida Statutes.
95014. Petitioner is the state agency charged with
958regulating the practice of electrical contracting pursuant to
966Ch apters 455 and 489, Florida Statutes.
97315. Because Respondent is subject to penal sanctions,
981including the imposition of an administrative penalty, the
989Department has the burden of proving by clear and convincing
999evidence the specific allegations in the Administrative
1006Complaint. See , e.g. , Department of Banking and Finance v.
1015Osborne Stern & Co. , 670 So. 2d 932 (Fla. 1996).
102516. "Contracting" is defined as engaging in business as
1034a contractor, or performing electrical work for compensation.
1042Section 489. 505(9), Florida Statutes.
104717. "Electrical contractor" is defined in pertinent part
1055as follows:
1057. . . any person, firm, or corporation that
1066engages in the business of electrical
1072contracting under an express or implied
1078contract; or that undertakes, offers to
1084undertake, purports to have the capacity to
1091undertake, or submits a bid to engage in
1099the business of electrical contracting; or
1105that does itself or by or through others
1113engage in the business of electrical
1119contracting.
1120Section 489.505(12), Florida Sta tutes.
112518. The electrical work completed by Respondent in the
1134work on the Pike's residence constitutes engaging in the
1143practice of electrical contracting.
114719. The Administrative Complaint alleges that Respondent
1154violated Subsection 489.531(1)(a), Flor ida Statutes, by
1161practicing contracting without being duly certified. The
1168Department has met its burden of proof.
117520. Subsections 455.228(1) and (3)(c), Florida Statutes,
1182authorize the Department to impose an administrative penalty
1190not to exceed $5,000 per incident for the unlicensed practice
1201of a profession, and to recover the costs of investigation.
1211In its Proposed Recommended Order, the Department recommends
1219the imposition of a $5,000.00 fine because the electrical
1229contracting activities engaged in by Respondent, "created a
1237potentially dangerous situation that could have resulted in
1245the electrocution of a human or a fire at the Pike's
1256residence." There is nothing in the record to indicate any
1266previous complaints against Respondent. The facts arose out
1274of a single job. Thus, an administrative penalty in the
1284amount of $1,000.00 is appropriate here. 1/
1292RECOMMENDATION
1293Based upon the foregoing Findings of Fact and Conclusions
1302of Law set forth herein, it is
1309RECOMMENDED:
1310That the Department of Busi ness and Professional
1318Regulation enter a final order finding that Respondent
1326violated Section 489.531(1), Florida Statutes, that an
1333administrative penalty of $1,000.00 be imposed, and that
1342Respondent pay Petitioner's costs of investigation in the
1350amount of $659.48.
1353DONE AND ENTERED this 14th day of December, 2001, in
1363Tallahassee, Leon County, Florida.
1367BARBARA J. STAROS
1370Administrative Law Judge
1373Division of Administrative Hearings
1377The DeSoto Building
13801230 Apalach ee Parkway
1384Tallahassee, Florida 32399 - 3060
1389(850) 488 - 9675 SUNCOM 278 - 9675
1397Fax Filing (850) 921 - 6847
1403www.doah.state.fl.us
1404Filed with the Clerk of the
1410Division of Administrative Hearings
1414this 14th day of December, 2001.
1420ENDNOTE
14211/ Respondent asserts that he is a licensed mobile home dealer
1432and a licensed mobile home installer and that, accordingly, he
1442is licensed to perform the work he performed for the Pikes.
1453However, Respondent did not produce a copy of his mobile home
1464installer license nor cite to any statutory or rule authority
1474supporting his assertion that the work he performed on the
1484Pike's room addition to their mobile home is work for which he
1496is licensed to perform under any license he may have.
1506COPIES FURNISHED:
1508Robert P. Corbett
15111126 East Howard Street
1515Live Oak, Florida 32064
1519Laura P. Gaffney, Esquire
1523Department of Business and
1527Professional Regulation
15291940 North Monroe Street
1533Tallahassee, Florida 32399 - 0792
1538Hardy L. Rob erts, III, General Counsel
1545Department of Business and
1549Professional Regulation
15511940 North Monroe Street
1555Tallahassee, Florida 32399 - 0792
1560Gail Scott - Hill, Esquire
1565Lead Professions Attorney
1568Department of Business and
1572Professional Regulation
15741940 Nor th Monroe Street
1579Tallahassee, Florida 32399 - 0771
1584NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
1590All parties have the right to submit written exceptions within
160015 days from the date of this recommended order. Any exceptions
1611to this recommended order should be filed with the agency that
1622will issue the final order in this case.
- Date
- Proceedings
- PDF:
- Date: 12/14/2001
- Proceedings: Recommended Order issued (hearing held November 20, 2001) CASE CLOSED.
- PDF:
- Date: 12/14/2001
- Proceedings: Recommended Order cover letter identifying hearing record referred to the Agency sent out.
- PDF:
- Date: 11/29/2001
- Proceedings: Letter to Judge Staros from R. Corbett, statement of facts filed.
- Date: 11/20/2001
- Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
- PDF:
- Date: 10/31/2001
- Proceedings: Letter to R. Corbett from L. Gaffney regarding witness list and exhibits (filed via facsimile).
- PDF:
- Date: 09/26/2001
- Proceedings: Notice of Hearing issued (hearing set for November 20, 2001; 9:30 a.m.; Live Oak, FL).
- PDF:
- Date: 09/21/2001
- Proceedings: Order issued (Petitioner`s motion to extend time for responding to the initial order until September 26, 2001 is granted)
Case Information
- Judge:
- BARBARA J. STAROS
- Date Filed:
- 09/10/2001
- Date Assignment:
- 11/19/2001
- Last Docket Entry:
- 07/15/2004
- Location:
- Live Oak, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Robert P Corbett
Address of Record -
Laura Patricia Gaffney, Assistant General Counsel
Address of Record