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.


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Summary: Respondent engaged in the unlicensed practice of electrical contracting. Recommend imposing administrative penalty and costs of investigation.

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.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/15/2004
Proceedings: Amended Final Order filed.
PDF:
Date: 07/15/2004
Proceedings: Final Order filed.
PDF:
Date: 07/05/2002
Proceedings: Agency Final Order
PDF:
Date: 06/04/2002
Proceedings: Agency Final Order
PDF:
Date: 12/14/2001
Proceedings: Recommended Order
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.
PDF:
Date: 11/28/2001
Proceedings: Petitioner`s Proposed Recommended Order (filed via facsimile).
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: Order of Pre-hearing Instructions issued.
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: 09/24/2001
Proceedings: Response to Initial Order (filed by Petitioner via facsimile).
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)
PDF:
Date: 09/19/2001
Proceedings: Petitioner`s Motion for Time Extension to File Response to Initial Order (filed via facsimile).
PDF:
Date: 09/12/2001
Proceedings: Initial Order issued.
PDF:
Date: 09/10/2001
Proceedings: Election of Rights filed.
PDF:
Date: 09/10/2001
Proceedings: Administrative Complaint filed.
PDF:
Date: 09/10/2001
Proceedings: Agency referral filed.

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

Related Florida Statute(s) (5):