10-010826 Department Of Financial Services, Division Of Workers&Apos; Compensation vs. Chastang And Siegel Custom Builders, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, March 28, 2011.

FILED

APR 11 2011 000730

Chief Financial Officer

Docketed by: __ CHIEFFINANCIALOFFICER

JEFF STATE i I L. '"\\

Case No. 10-216-D7-WC

Inthe Matter of:

CHASTANG & SIEGEL CUSTOM

BUILDERS, LLC

_____________ 1

FINAL ORDER

THIS PROCEEDING cameonforfinalagencyactionand Jeff Atwater, Chief Financial

Officer of theState of Florida,orhis designee, having considered the record inthiscase,

including the Stop-Work Order andOrder of Penalty Assessment,the Amended Order of Penalty

Assesment, andthe2nd Amended Order of Penalty Assessment servedin Division of Workers'

Compensation CaseNo. 1O-216-D7, andbeing otherwise fullyadvisedinthe premises, hereby

findsthat:

1.On August 23,2010, the Department of FinancialServices, Division of Workers'

Compensation (hereinafter "Department") issueda Stop-Work OrderandOrder of Penalty

Assessment in Division of Workers' Compensation CaseNo. 1O-216-D7 to Chastang & Siegel

Custom Builders, LLC(Chastang).The Stop-Work OrderandOrder of Penalty Assessment

includeda Notice of Rights wherein Chastang wasadvisedthatany request foran administrative

proceeding to challenge or contest the Stop-Work OrderandOrder of Penalty Assessment must

befiled within twenty-one (21)days of receipt of the Stop-Work Orderand Order of Penalty

Assessment in accordance withSections120.569and120.57,FloridaStatutes.

2.On September 7, 2010, the Stop-Work OrderandOrder of Penalty Assessment

wasservedon Chastang bycertifiedmail.Acopy of theStop-WorkOrderandOrder of Penalty

Assessment is attached heretoas "Exhibit A" and incorporated hereinbyreference.

3.OnOctober 5, 2010, the Department issuedanAmendedOrder of Penalty

Assessment to Chastang inCaseNo. 1O-216-D7. The Amended Order of PenaltyAssessment

assessed atotal penalty of$82,917.81 againstChastang.TheAmendedOrder of Penalty

Assessment includeda Notice of Rightswherein Chastang wasadvisedthatanyrequestforan

administrative proceeding tochallengeorcontesttheAmendedOrder of PenaltyAssessment

mustbefiledwithintwenty-one(21)days of receipt of theAmendedOrder of Penalty

Assessment in accordance withSections120.569and120.57,FloridaStatutes.

4.The Amended Order of Penalty Assessment wasservedonChastangbycertified

mailon October 23,2010. Acopy of the Amended Order of Penalty Assessment isattached

heretoas "Exhibit B" and incorporated hereinbyreference.

5.Onorabout November 8, 2010, Chastang filedatimely Petition forformal

administrative hearinginaccordancewithSections120.569and120.57,FloridaStatutes.The

Petition wasforwardedtotheDivision of Administrative HearingsandassignedCase No.1 0­

10826.

6.OnMarch 10, 2011, the Department issueda2ndAmendedOrder of Penalty

Assessment to Chastang inCaseNo. 1O-216-D7. The2ndAmendedOrder of Penalty

Assessment assessed atotalpenalty of $1,000.00againstChastang.The2ndAmendedOrder of

Penalty Assessment wasservedonChastangon March 14,2011 through the Division of

Administrative Hearings.Acopy of the2nd Amended Order of Penalty Assessment isattached

heretoas "Exhibit C" andis incorporated hereinbyreference.

7.OnMarch 28,2011, the Department filedaNotice of Settlement inDOAHCase

No.10-10826.Acopy of theNotice of Settlement filedbythe Department isattachedheretoas

"Exhibit D."

8.OnMarch 28,2011, Administrative LawJudgeW.DavidWatkinsenteredan

OrderClosingFile, relinquishing jurisdiction totheDepartment.Acopy of theMarch28,2011

OrderClosingFileisattachedheretoas "Exhibit E."

FINDINGS OFFACT

9.Thefactualallegationsinthe Stop-Work OrderandOrder of PenaltyAssessment

issuedon August 23,2010, andthe2nd Amended Order of Penalty Assessment issuedonMarch

10,2011,whicharefullyincorporatedhereinby reference, arehereby adopted asthe

Department's Findings of Factinthiscase.

CONCLUSIONS OFLAW

10.BasedontheFindings of Fact adopted herein,the Department concludesthat

Chastang violated thespecificstatuesandrules alleged intheStop-WorkOrderandOrder of

Penalty Assessment andthe2ndAmendedOrder of PenaltyAssessment,andherebyadoptsthe

violations charged intheStop-WorkOrderand Order of Penalty Assessment andthe2nd

Amended Order of Penalty Assessment asthe Conclusions of Lawinthiscase.

PENALTY IMPOSED

11.TheNotice of Settlementand resulting OrderClosingFile, wherein Chastangno

longer contested the2ndAmendedOrder of Penalty Assessment pursuant toSections120.569

and120.57, Florida Statutes,taken together withthe Findings of Fact and Conclusions of Law

adoptedherein, constitute groundsforthe Chief Financial Officertoimposethepenaltyand

orderthe cessation of businessoperationsassetforthherein.

ITIS THEREFORE ORDERED that:

a)Chastangis assessed thetotalpenalty of $1,000.00for deposit intothe

Workers' Compensation Administration TrustFund,baseduponits violation of the workers'

compensation coverage requirements contained in Chapter 440, Florida Statutes,receipt of

whichishereby acknowledged bythe Department, Chastangisfurtherorderedto demonstrate

compliance withthecoverage requirements of Chapter 440,FloridaStatutes.

b)Chastangshall immediately ceaseallbusiness operations intheState of

Floridauntilsuchtimeasthe Department issuesanOrderReleasingthe Stop-Work Orderand

Order of Penalty Assessment. The Department shallnotissueanOrder Releasing theStop-Work

OrderandOrder of Penalty Assessment until Chastang hascomeinto compliance withthe

coverage requirements of Chapter 440, Florida Statutes.

>'

Director,Division of Workers' Compensation

NOTICE OFRIGHTS

Anypartytothese proceedings adversely affected bythisOrderis entitled toseekreview

of thisOrder pursuant toSection120.68, Florida Statutes,andFloridaRule of Appellate

Procedure 9.110. Review proceedings mustbe instituted byfilingaNotice of AppealwithJulie

Jones,DFS Agency Clerk, Department of Financial Services,Room612LarsonBuilding,200

EastGainesStreet, Tallahassee, Florida, 32399-0390 andacopy of the Notice of Appeal,acopy

ofthis Order andfilingfeewiththe appropriate District Court of Appeal within thirty(30)days

of rendition of thisOrder.

COPIES FURNISHED TO:

TIMCHASTANG

CHASTANG & SIEGEL CUSTOM BUILDERS, LLC

3250 SPRING GROVE AVE.

CINCINNATI, OH45225

TIFF ANY GREENE

DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF WORKERS ' COMPENSATION

BUREAU OF COMPLIANCE

2295 VICTORIA AVE.,STE.163

FORT MYERS, FL33901

TIMOTHY L. NEWHALL

DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF LEGAL SERVICES

200 EAST GAINES STREET

TALLAHASSEE, FLORIDA 32399-4229