STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SARAH B. BEDINGFIELD, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1921S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

THIS CASE was heard pursuant to notice in Suite 170, 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 was heard on the denial by the Division of Licensing of the Petitioner's application as an employment/agent's license on the basis that she lacked the three years of experience as an employment clerk or its equivalent as required by 449.023(1), Florida Statutes.

APPEARANCES

For Respondent: Gerald Curington, Esquire

Department of State, The Capitol Tallahassee, Florida 32304

For Respondent: Sarah B. Bedingfield, pro se

18700 South West 99th Road Miami, Florida

ISSUE

Whether the Petitioner has the three years of experience as an employment clerk of its equivalent as required by 449.023(1), Florida Statutes.

FINDINGS OF FACT

1. Sarah B. Bedingfield applied for licensure as a private employment agency and private employment agent pursuant to the provisions of Chapter 449, Florida Statutes.

   
   

2. The evidence reveals that Sarah B. Bedingfield has extensive experience as an office manager but lacks specifically three years experience as an employment clerk or its equivalent.

   
   

3. The Petitioner meets all other requirements of licensure as an employment agency and employment agent.

   CONCLUSIONS OF LAW

   
   

4. Section 449.023(1), Florida Statutes provides that all agency and agent licensees shall have, in addition to other qualifications, three years experience as an employment clerk in this state or the equivalent thereof in related fields. While the applicant has substantial experience as an office manager, she has not specifically worked as an employment clerk or has she had equivalent experience for the period of three years.

   
   

5. The evidence received in this proceeding indicates that the Division of Licensing has not adopted any rule or regulation defining what equivalent experience is. The testimony of Mrs. Bedingfield indicates ultimately equivalent experience is what the assigned investigative agent determines equivalency to be based upon unpublished agency policy. While the facts in this case clearly show that Mrs. Bedingfield lacks such experience, the testimony also reveals that a rule stating such equivalency should be adopted by the Division of Licensing.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the application of Sarah B. Bedingfield as an employment agency and employment agent be denied.

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: 530 Carlton Bldg.

Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of November, 1978.

COPIES FURNISHED:

Ms. Sarah B. Bedingfield 18700 South West 99th Road Miami, Florida

Marvin Sirotowitz Division of Licensing The Capitol

Gerald Curington, Esquire Department of State

The Capitol Tallahassee, Florida

Docket for Case No: 78-001921

Orders for Case No: 78-001921