STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MITCHELL ABRAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 77-490

) FLORIDA DEPARTMENT OF HEALTH ) AND REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on May 25, 1977 at Coral Gables, Florida.

APPEARANCES

For Petitioner: Mr. Mitchell Abrams

10500 Southwest 96th Street Miami, Florida 33176

For Respondent: Robert M. Eisenberg, Esquire

Post Office Box 2417F Jacksonville, Florida 32231

By petition received by Respondent on March 1, 1977 Mitchell Abrams requested an administrative hearing to set aside the determination of the Department of Health and Rehabilitative Services (HRS) that he was not eligible to sit for the technologist examination held April 20, 1977. Abrams testified in his own behalf and four exhibits were admitted into evidence. At the close of Petitioner's case he stipulated that his petition should be dismissed.

FINDINGS OF FACT

1. On February 7, 1977, while still in school, Mitchell Abrams, Petitioner, applied to take the technologist examination. At the time he applied for this examination he was not qualified to take the examination but expected to be qualified when the examination was given.

   
   

2. Abrams thought the next examination would be after his completion of his qualifying curriculum in May, 1977.

   
   

3. The examination for which Petitioner applied was given on April 20, 1977.

   
   

4. On May 5, 1977 Petitioner completed his curriculum at Miami-Dade Community College and became eligible to qualify for the next examination which will be given in October, 1977.

5. Following the completion of Petitioner's case Respondent acknowledged that subsequent to May 5, 1977, and upon submission by the registrar of Miami- Dade Community College of Petitioner's Permanent Academic Record verified by said registrar, Petitioner would be qualified to sit for the next examination for technologist if application therefor is submitted.

   
   

6. Petitioner was further advised that, upon receipt of his application and Academic Record he would be issued a temporary license pending the results of the October examination.

   
   

   CONCLUSIONS OF LAW

   
   

7. At the time Petitioner applied to take the examination for technologist he was not qualified to so sit and he was not qualified at the time the examination was given in April, 1977. It is therefore,

Recommended that the petition be dismissed.

DONE and ENTERED this 31st day of May, 1977, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Robert Eisenberg, Esquire Post Office Box 2417F Jacksonville, Florida 32231

Mr. Mitchell Abrams

10500 Southwest 96th Street Miami, Florida 33176

Mr. William J. Page, Jr. Secretary

Department of Health and Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, Florida 32301

Docket for Case No: 77-000490

Orders for Case No: 77-000490