Background
The Construction Industry Licensing Board entered a final order revoking Jessica Weigel Zakarian’s contractor licenses and imposing a $10,000 administrative fine as a condition of future licensure.
Zakarian appealed, arguing that the Board improperly resolved disputed issues of material fact without a formal hearing. The Department of Business and Professional Regulation moved to relinquish jurisdiction for further proceedings, stating that the fine exceeded the statutory limit and that Zakarian may not have received a meaningful opportunity to be heard. In response to an order to show cause, the Department agreed that its motion could be treated as a concession of error.
The Court’s Holding
The First District Court of Appeal treated the Department’s motion as a concession of error and accepted the concession.
The court set aside the Board’s final order and remanded the matter for further proceedings under section 120.68(7), Florida Statutes.
Key Takeaways
- The Board’s order revoking Zakarian’s contractor licenses and imposing a $10,000 fine was set aside.
- The Department conceded error after acknowledging that the fine exceeded the statutory limit and that Zakarian may not have received a meaningful opportunity to be heard.
- The case returns for further administrative proceedings.
Why It Matters
The decision underscores that professional-licensing sanctions are subject to statutory limits and procedural protections. When an agency concedes error affecting its final order, an appellate court may set the order aside and remand for further proceedings.