Licensing Complaint and Attorney’s Fees DOAH Opinion

“Frank Cleaton, P. E. v. Florida Board of Professional Engineers, DOAH Case No 12-3640F: In an extensive (51 pages) Final Order dated April 24, 2013, attorney fees and costs sought pursuant to s. 57.111, F. S. (2012) were denied. Although the licensee was found to be a “small business” and the “prevailing party” in an administrative disciplinary action that was dismissed by the agency after filing, and the fees were determined to be reasonable, the ALJ found that the board’s Probable Cause Panel was “substantially justified” at the time probable cause was found, and that determination was made, in part, on the written opinion of an expert consultant to the board.” (from RPPTL Construction Regulation Subcommittee).

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