Recent Decision: Contractor Licensing
Carlos M. Arteaga v. Florida Department of Business and Professional Regulation, Regulatory Council of Community Association Managers, Case No 3D10-1419, L.T. Case No. 07-68175, filed February 16, 2011: Licensed community association manager responded to service of an administrative complaint by faxing an election of rights form to the department requesting a formal hearing on charges that he had violated the practice act. While the licensee’s signature on the form was notarized dated within the required 21-day response time, which was the same date licensee claims to have faxed the form, there was no fax confirmation report and the department denied ever receiving it; as a result. After licensee moved to vacate a “final order on wavier” revoking his license, he filed a protective notice of appeal; however, the appeal was dismissed based on a joint stipulation to vacate the order, subject to DBPR approval. While DBPR subsequently disapproved that stipulation, it did not object to the reinstatement or refilling of this appeal. Appellate court reversed and vacated the department’s final order and remanded the matter for an evidentiary hearing on all issues (including timeliness and the merits of the original complaint, based on the department’s failure to specify whether there had been any prior disciplinary history or whether the case involved aggravating conditions, as required by Rule 61-20.010, FAC.
Practice Tip: As this opinion reflects, this appeal could have been avoided if the department’s receipt of the election of rights form had been confirmed, or the licensee had mailed a backup copy.
Trenton H. Cotney
Board Certified in Construction Law
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278
Comments
Post a Comment