Recent DOAH Decision: Control of Others and Licensing Violations

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Blanco v. Department of Business and Professional Regulation (Council of Community Association Managers), Case No 10-2905 RX (a rule challenge): Final Order of August 23, 2010, declares invalid Rule 61E14-2.001(5), regarding “Control of Others,” for lack of specific statutory rulemaking authority, in an administrative action against an employer for violations committed by employees. In addition, pursuant to s. 120.595(3), the ALJ found that the licensee would be entitled to an award of reasonable attorney’s fees, pending a hearing to determine if the agency “demonstrates that its actions were substantially justified or special circumstances exist which would make the award unjust,” as provided in that statute. While there do not appear to be any similar “control by others” rules governing licensees of the various construction regulatory boards, this case may be the basis for a new defense in administrative disciplinary actions against a construction licensee for violations committed by employees.



Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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