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.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, )

)

Petitioner, )

)

vs. ) Case No. 01 - 3573PL

)

ROBERT P. CORBETT, d/b/a )

CORBETT'S MOBILE HOME CENTER, )

)

Respondent. )

________________________________)

RECOMMENDED ORDER

A hearing was held pursuant to notice on November 20,

2001, by Barbara J. Staros, assigned Administrative Law Judge

of the Division of Administrative Hearings, in Live Oak,

Florida.

APPEARANCES

For Petitioner : Laura P. Gaffney, Esquire

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399 - 0792

For Respondent: Robert P. Corbett, pro se

1126 East Howard Str eet

Live Oak, Florida 32064

STATEMENT OF THE ISSUE

Whether Respondent committed the offenses set forth in

the Administrative Complaint and, if so, what penalty should

be imposed.

PREL IMINARY STATEMENT

Petitioner, Department of Business and Professional

Regulation (Department), filed an Administrative Complaint on

July 19, 2001, alleging that Respondent practiced electrical

contracting without being duly certified or licensed.

Responden t disputed the allegations in the Administrative

Complaint and requested a formal administrative hearing. The

case was referred to the Division of Administrative Hearings

on or about September 10, 2001. A formal hearing was set for

November 20, 2001.

A t hearing, Petitioner presented testimony of four

witnesses, Les Smith, Pat Sura, Carol Pike, and Steve Frazier.

Petitioner's Exhibits numbered 1 - 7 were admitted into

evidence. Respondent testified on his own behalf and did not

offer any exhibits into ev idence.

The hearing was not transcribed. Petitioner and

Respondent filed post - hearing submissions on November 28 and

29, 2001, respectively.

FINDINGS OF FACT

1. Petitioner, the Department of Business and

Professional Regulation (Departmen t), is a state agency

charged with the duty and responsibility of regulating the

practice of electrical contracting pursuant to Chapters 20,

455, and 489, Florida Statutes.

2. At no time material hereto has Respondent been

certified or licensed as an elec trical contractor pursuant to

Chapter 489, Part II, Florida Statutes.

3. In September 1997, Respondent contracted with William

and Carol Pike of McAlpin, Florida, for the installation of a

room addition to the Pike's mobile home. The addition was not

new , but had been used by a previous customer. The addition

was to be connected to the main part of the house. The

installation of the addition was completed in October 1997.

The Pikes paid the full contract price of $8,636.00 to

Respondent for the install ation of the addition.

4. The installation of the room addition required

certain electrical work including: the addition had to be

wired to the existing mobile home; electrical outlets and

lights were wired into the addition; and a new outside light

was added at the back door.

5. The Pikes did not have any problems with the wiring

of the room addition until April 6, 2001, when a power outage

occurred in the area resulting in the Pike's losing electrical

power. When the electricity was restored, the Pi kes still had

no electricity in the room addition.

6. The Pikes contacted the local power company and upon

checking, the Pikes were informed that the problem was inside

their home.

7. The morning after the power outage, the Pikes called

Corbett's Mob ile Home Center in an effort to get someone out

to their home that day for the needed repairs. Robert Corbett

was out of town and they were unable to reach anyone there who

could come out to the Pike's home that day which was a

Saturday. The Pike's then called Steve Frazier at Santa Fe

Electrical Services, to check out the problem.

8. Upon examination, Mr. Frazier found several problems

with the electrical wiring under the house including open

splices, wires spliced together, hot and ground wires rever sed

and no junction boxes on the wire junctions. Mr. Frazier

recommended that the Pikes contact the original contractor to

fix the problem and to leave the breaker off for their safety.

9. The Pikes contacted Respondent and Respondent sent

"Billy" t o the Pike's residence on Tuesday, April 10, 2001.

Billy was unable to correct the problem. The Pikes requested

that Respondent send out the original permit with the

repairmen. Respondent sent Billy and another person out to

attempt to fix the problem b ut they were unsuccessful in doing

so and did not bring any permit. The Pikes were not

comfortable with what they perceived to be the level of

competency of these employees of Respondent and they asked the

men to leave.

10. The Pikes then hired Steve Fra zier to correct the

wiring problems with the room addition. The electrical work

performed by Frazier to correct the wiring problems included:

re - wiring and running new wire to outlets; installation of

several junction boxes; and repairing open splices in the

walls and ceiling. Mr. Frazier obtained the appropriate

permit, completed the work of rewiring and obtained a final

inspection which was approved. The Pikes paid $855.00 to

Santa Fe Electrical Services for this repair work.

11. The Pikes filed a complaint with the Suwannee County

Licensing Board. According to Pat Sura, a building inspector

with the Suwannee County Building Department, the installation

of the room addition is akin to the construction of an

addition at a site and requires an electr ical license and a

permit. This differs from wiring a double - wide mobile home

together, as that does not require a permit.

12. The Department incurred investigative costs in the

amount of $659.48 in this case.

CONCLUSIONS OF LAW

13. The Division of A dministrative Hearings has

jurisdiction over the parties and subject matter in this case,

Sections 120.569 and 120.57, Florida Statutes.

14. Petitioner is the state agency charged with

regulating the practice of electrical contracting pursuant to

Ch apters 455 and 489, Florida Statutes.

15. Because Respondent is subject to penal sanctions,

including the imposition of an administrative penalty, the

Department has the burden of proving by clear and convincing

evidence the specific allegations in the Administrative

Complaint. See , e.g. , Department of Banking and Finance v.

Osborne Stern & Co. , 670 So. 2d 932 (Fla. 1996).

16. "Contracting" is defined as engaging in business as

a contractor, or performing electrical work for compensation.

Section 489. 505(9), Florida Statutes.

17. "Electrical contractor" is defined in pertinent part

as follows:

. . . any person, firm, or corporation that

engages in the business of electrical

contracting under an express or implied

contract; or that undertakes, offers to

undertake, purports to have the capacity to

undertake, or submits a bid to engage in

the business of electrical contracting; or

that does itself or by or through others

engage in the business of electrical

contracting.

Section 489.505(12), Florida Sta tutes.

18. The electrical work completed by Respondent in the

work on the Pike's residence constitutes engaging in the

practice of electrical contracting.

19. The Administrative Complaint alleges that Respondent

violated Subsection 489.531(1)(a), Flor ida Statutes, by

practicing contracting without being duly certified. The

Department has met its burden of proof.

20. Subsections 455.228(1) and (3)(c), Florida Statutes,

authorize the Department to impose an administrative penalty

not to exceed $5,000 per incident for the unlicensed practice

of a profession, and to recover the costs of investigation.

In its Proposed Recommended Order, the Department recommends

the imposition of a $5,000.00 fine because the electrical

contracting activities engaged in by Respondent, "created a

potentially dangerous situation that could have resulted in

the electrocution of a human or a fire at the Pike's

residence." There is nothing in the record to indicate any

previous complaints against Respondent. The facts arose out

of a single job. Thus, an administrative penalty in the

amount of $1,000.00 is appropriate here. 1/

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions

of Law set forth herein, it is

RECOMMENDED:

That the Department of Busi ness and Professional

Regulation enter a final order finding that Respondent

violated Section 489.531(1), Florida Statutes, that an

administrative penalty of $1,000.00 be imposed, and that

Respondent pay Petitioner's costs of investigation in the

amount of $659.48.

DONE AND ENTERED this 14th day of December, 2001, in

Tallahassee, Leon County, Florida.

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalach ee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 14th day of December, 2001.

ENDNOTE

1/ Respondent asserts that he is a licensed mobile home dealer

and a licensed mobile home installer and that, accordingly, he

is licensed to perform the work he performed for the Pikes.

However, Respondent did not produce a copy of his mobile home

installer license nor cite to any statutory or rule authority

supporting his assertion that the work he performed on the

Pike's room addition to their mobile home is work for which he

is licensed to perform under any license he may have.

COPIES FURNISHED:

Robert P. Corbett

1126 East Howard Street

Live Oak, Florida 32064

Laura P. Gaffney, Esquire

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399 - 0792

Hardy L. Rob erts, III, General Counsel

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399 - 0792

Gail Scott - Hill, Esquire

Lead Professions Attorney

Department of Business and

Professional Regulation

1940 Nor th Monroe Street

Tallahassee, Florida 32399 - 0771

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this recommended order. Any exceptions

to this recommended order should be filed with the agency that

will issue the final order in this case.