08-004159 Lance Powersports, Inc., And Sunstate Powersports, Llc vs. Mega Power Sports Status: Closed Recommended Order on Monday, April 6, 2009.

Summary: The hearing was convened and neither party appeared. Therefore, no evidence was taken, no facts could be found, and the matter was dismissed for lack of prosecution.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LANCE POWERSPORTS, INC., AND )

SUNSTATE POWERSPORTS, LLC, )

)

Petitioners, )

)

vs. ) Case No. 08-4159

)

MEGA POWER SPORTS, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

Pursuant to proper notice this cause came on for formal

proceeding and hearing before P. Michael Ruff, a duly-designated

Administrative Law Judge of the Division of Administrative

Hearings, in Daytona Beach, Florida, on March 18, 2009. The

appearances were as follows:

APPEARANCES

For Petitioner: No appearance

For Respondent: No appearance

STATEMENT OF THE ISSUE

Whether the Petitioners should be permitted to establish a "line-make dealership" for Taizhou Zhongneng Motorcycle Company,

Ltd. (ZHNG) line-make motorcycles/scooters.

PRELIMINARY STATEMENT

The Respondent named above filed a protest of the

application to establish a ZHNG line-make dealership by the

above-named Petitioners.

The matter was transmitted to the Division of

Administrative Hearings and the undersigned for hearing. The

notice of hearing was duly served by U.S. mail on the parties at

their last-known addresses of record.

Upon convening the hearing no party appeared.

Consequently, no evidence could be taken. Upon waiting for

nearly one hour after the duly-noticed staring time, with no

appearances by the parties (and no communication from the

parties immediately prior to, during or after the hearing) the

hearing was adjourned.

FINDINGS OF FACT

1. This matter was convened for hearing for the above-

named parties, concerning the issue referenced above. The

hearing was held in Daytona Beach, Florida, on March 18, 2009,

as more particularly announced in the Notice of Hearing, which

was served on both parties at their last-known addresses of

record.

2. Upon convening the hearing at the noticed location,

date and time, no party made an appearance. After waiting for

nearly one hour, there was still no appearance by either party.

There has been no communication from either party before, during

or since the hearing regarding any request or reason, concerning

the failure to appear. After waiting for the above period of

time, without appearances by either party, the hearing was

adjourned.

3. No communication has been received to explain the lack

of appearances. The Notices of Hearing served on the parties

have not been returned as un-deliverable by the United States

Postal Service.

4. Since no evidence could be taken, no additional facts

may be found.

CONCLUSIONS OF LAW

5. The Division of Administrative Hearings has

jurisdiction of the subject matter of and the parties to this

proceeding. §§ 120.569 and 120.57(1), Fla. Stat. (2008).

6. In light of the above-found circumstances, no evidence

was adduced by either party, and therefore no findings of fact

or conclusions of law could be made regarding the above issue.

That being the case, the matter should be dismissed for lack of

prosecution.

RECOMMENDATION

RECOMMENDED that a final order be entered by the Florida

Department of Highway Safety and Motor Vehicles, dismissing the

Petition in its entirety. The file of the Division of

Administrative Hearings is hereby closed.

DONE AND ENTERED this 6th day of April, 2009, in

Tallahassee, Leon County, Florida.

S

___________________________________

P. MICHAEL RUFF

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with Clerk of the

Division of Administrative Hearings

this 6th day of April, 2009.

COPIES FURNISHED :

Michael James Alderman, Esquire

Department of Highway Safety and

Motor Vehicles

Neil Kirkman Building, Room A-432

2900 Apalachee Parkway

Tallahassee, Florida 32344

Gene Chang

Lance Powersports, Inc.

5200 Ontario Mills Parkway, Suite 100

Ontario, California 91764

David Levison

Mega Powersports Corp.

390 North Beach Street

Daytona Beach, Florida 32114

Electra Theodorides-Bustle, Executive Director

Department of Highway Safety and

Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway

Tallahassee, Florida 32399-0500

Robin Lotan, General Counsel

Department of Highway Safety and

Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway

Tallahassee, Florida 3399-0500

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.