Division of Administrative Hearings, Florida
Filed: Feb. 27, 1990
This case involves a challenge to the licensing examination administered by the Department of Professional Regulation for the Construction Industry Licensing Board. The principal issue in this case is whether the Petitioner should pass the challenged examination, which was administered in October of 1989. The Petitioner contests the examination on four grounds, two of which are factual and two of which are legal: Factual Grounds Whether the Petitioner correctly answered enough questions for a passing grade; and Whether the examination measured the Petitioner's ability to practice in the profession. Legal Grounds Whether the examination challenge procedure violated the Petitioner's right to due process of law by not giving the Petitioner a fair opportunity to present his case because of the inability to fully discover and copy the examination; and Whether the examination consisted of three tests, rather than two tests, contrary to the rules.Examination successfully challenged. Key to question was on another part of plan, none of the answers was correct, and Board's averaging was incorrect.
