DAVID LLAURADO
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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When material facts are not in dispute, an agency may proceed with an informal hearing rather than referring the matter to the Division of Administrative Hearings for a formal hearing, even if a formal hearing is requested.
[1] A formal hearing before an administrative law judge is not required when material facts are not in dispute, even if a party requests a formal hearing; an agency may proce…
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Join FLexlaw to unlock all legal intelligence“When material facts are not in dispute, an agency need not refer a matter to the Department of Administrative Hearings for a formal hearing, even if such a hearing is requested by a party. It may, instead, proceed informally.”
Court citing Gonzalez v. Dep't of Bus. & Pro. Regul., 958 So. 2d 494, 495 (Fla. 3d DCA 2007)
David Llaurado and his company, Golden Hammer, submitted a bid for construction work and entered into a substantial contract with a consumer without h…
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Third District Court of Appeal State of Florida Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D22-1878 Lower Tribunal No. 2021-053983 CILB ________________ David Llaurado, Appellant, vs. Department of Business and Professional Regulation, Appellee. An Appeal from the Department of Business and Professional Regulation. David Llaurado, in proper person. Brooke Elizabeth Adams, Chief Appellate Counsel (Tallahassee), for appellee. Before LOGUE, C.J., and SCALES and BOKOR, JJ.
LOGUE, C.J.
David Llaurado appeals a final order of the Department of Business and Professional Regulation imposing an administrative fine and costs for
2 practicing construction contracting without the required license. Llaurado argues that the Department erred in resolving this dispute by way of an informal hearing instead of a formal hearing under Chapter 120 of the Florida Statutes. The Department utilized the informal process because it understood Llaurado was not challenging the material facts alleged in the administrative complaint. Based on a joint motion, this Court relinquished jurisdiction for the Department to conduct a hearing to identify any material fact disputed by Llaurado. At the hearing, the hearing officer went through the complaint paragraph by paragraph with the parties. It was undisputed that neither Llaurado nor his company (doing business under the name “Golden Hammer”) held a construction contractor’s license at the relevant times; that Llaurado submitted a bid for construction work under his signature and on the stationary of his company for construction work; the bid resulted in a substantial contract between him and a consumer for which Llaurado was paid; and the bid referred to a roofing contractor’s license of another individual. In these circumstances, we see no error in the Department resolving this case in an informal proceeding to reach the result under review. See § 455.225(5), Fla. Stat. (2024) (“A formal hearing before an administrative law
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schafer v. Dep't of Bus. & Prof'l Reg., 844 So. 2d 757 (Fla. 1st DCA 2003)
- Gonzalez v. Dep't of Bus. & Prof'l Reg., 958 So. 2d 494 (Fla. 3d DCA 2007)