STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RITA MARIE HORTON )

)

Petitioner, )

)

vs. ) CASE NO. 78-1865S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in Suite 107, 401 N.W. 2nd Avenue, Miami, Florida on November 16, 1978, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case arose upon the denial of the Petitioner's application as a Deception Detection Examiner by the Division of Licensing because she lacked the necessary experience required by Section 493.43, Florida Statutes.

APPEARANCES

For Petitioner: Rita Marie Horton, Pro Se

c/o Lincoln M. Zonn, Incorporated 3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: Gerald Curington, Esquire

Department of State The Capitol

Tallahassee, Florida 32304 ISSUE

At the hearing the Petitioner-applicant advised that her application should be considered as an application for licensure as a Deception Detection Examiner or an intern.

Based upon the evidence presented, the issue is whether the applicant qualifies for licensure as a Detection Deception Examiner or intern.

FINDINGS OF FACT

1. The applicant, Rita Marie Horton, has applied for licensure as a Deception Detection Examiner or intern.

   
   

2. Her application reveals that she meets all the criteria stated for licensure as a Deception Detection Examiner with the exception of Sub-section 4, of Section 493.43, Florida Statutes.

3. Horton was approximately four year /* a deception detection examiners with Wells Fargo /* St. Louis, Missouri. During her employment with /* provided Deception Detection services to various /* on a contract bases through Wells Fargo. In /* she did approximately eight to ten tests per /* involved in this work during her entire employment /*

   
   

4. Horton's credentials are excellent /* she has conducted approximately 6,000 examinations /* employment with Wells Fargo. /*

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 493, Florida Statutes provides /* requirements for Deception Detection Examiners /*

   of this provision provides that an applicant who has a blachelor's degree from a four-year university or college recognized by the Department or this requirement may be waived for those persons who have a high school diploma and five years experience as an investigator or detective with a municipal, county, state or federal agency. Sub-paragraph 6 provides that the applicant have completed a period of a minimum one-year as licensed intern examiner under the supervision of a qualified examiner in the State of Florida. There are no provisions stated within the statutues relating specifically to the qualifications for /*

   
   

6. The facts reveal that the applicant ha /* Deception Detection Examiner under contract f /* for approximately four years. Were she direc /* capacity, she would hold the position of inve /*

with a police department. She therefore meets the minimum number of years experience requirement as stated in Sub-paragraph 6, Section

493.43. In the absence of any state require /* there is no impediment to her licensure as an /* when she meets the basic requirements stated /* except as noted above.

/* NOTE The page which includes paragraphs 3-6 of the FINDINGS OF FACT AND CONCLUSIONS OF LAW on file with the Division was cut off in xeroxing. Consequently parts of the paragraphs are unreadable and therefore not a part of this ACCESS document.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the applicant's application for licensure as an intern be approved and upon demonstrating that she has acquired an additional one years experience during which she has provided services to police departments similar to those provided during her employment with Wells Fargo, that she be licensed as a Deception Detection Examiner.

DONE and ORDERED this 27th day of November, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings

101 Collins Building MAILING ADDRESS:

Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Rita Marie Horton

c/o Lincoln M. Zion, Inc. 3050 Biscayne Boulevard

Miami, Florida 33137

Gerald Curington, Esquire Department of State

The Capitol

Tallahassee, Florida 32304

Marvin Sirotowitz Division of Licensing The Capitol

Tallahassee, Florida 32304

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RITA MARIE HORTON,

Petitioner,

vs. CASE NO. 78-1865S

DIVISION OF LICENSING,

Respondent.

/

FINAL ORDER

This cause was heard by a duly designated Hearing Officer of the Division of Administrative Hearings upon Petitioner's request for hearing pursuant to

Chapter 120, Florida Statutes. Pursuant to said hearing, the Hearing Officer submitted Findings of Fact, Conclusions of Law and Recommended Order.

Furthermore, in accordance with Section 120.57(1)(b)(8), the Department of State has allowed each party at least 10 days in which to submit written exceptions to the recommended order; no such written exceptions were filed. Therefore, based upon said Findings of Fact, Conclusions of Law and on the evidence presented

IT IS ORDERED THAT:

The Findings of Fact, Conclusions of Law and the Recommended Order of the Hearing Officer are hereby adopted and the Petitioner's application for a detection of deception license be approved.

DONE and ORDERED at Tallahassee, Florida on January 19, 1979.

DONALD F. HAZELTON, Director

Division of Licensing Department of State

Docket for Case No: 78-001865

Orders for Case No: 78-001865