Barkap, Inc. v. Department of Business & Professional Regulation

This appeal concerns disciplinary actions by the Department of Professional Regulation, Division of Hotels and Restaurants [“DPR”], against a licensee, Barkap, Inc. d/b/a Flamingo Inn [“Barkap”], for failure to have an approved smoke detector for the hearing impaired. Barkap was given an informal hearing. The final order identifies Barkap’s admissions at the hearing as its only basis for a finding of the violation. There is no record of this hearing, however, due to an equipment malfunction. DPR urges that the finding of a violation can be based on the way in which Barkap completed DPR’s…