Opinion
No. 3D19-1742
04-22-2020
Danny R. LOPEZ, Appellant, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Appellee.
Danny R. Lopez, in proper person. Staci A. Bienvenu, Senior Attorney (Tallahassee), for appellee.
Danny R. Lopez, in proper person.
Staci A. Bienvenu, Senior Attorney (Tallahassee), for appellee.
Before FERNANDEZ, SCALES and GORDO, JJ.
PER CURIAM.
Affirmed. See § 493.6118(1)(c), (2), Fla. Stat. (2019) (authorizing the Department to take disciplinary action, including revocation of a license where the license holder is "convicted of a crime that directly relates to the business for which the license is held or sought"); Fla. Admin. Code R. 28-106.111(4) (2020) ("Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters."); see also Nicks v. Dep't of Bus. & Prof'l Regulation, 957 So. 2d 65, 66 n.1 (Fla. 5th DCA 2007) ("When a party waives the right to challenge the factual allegations of an administrative complaint, either by requesting an informal hearing pursuant to section 120.57(2), Florida Statutes, or by failing to respond to the complaint at all, the facts of the complaint are deemed to be admitted." (citations omitted)); Gonzalez v. Dep't of Bus. & Prof'l Regulation, 958 So. 2d 494, 495 (Fla. 3d DCA 2007) ("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." (quoting Schafer v. Dep't of Bus. & Prof'l Regulation, 844 So. 2d 757, 758 (Fla. 1st DCA 2003) )).