Judges: STEPHEN F. DEAN
Agency: Department of State
Latest Update: Jan. 16, 1980
Summary: Application for employment agent license denied because of three-year experience rule. He is approved based on twenty years in the Army, six years of Reserve Officer's Training Corp (ROTC), and experience in the School Board.
79-2162.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RALPH E. YOUNG, )
)
Petitioner, )
)
vs. ) CASE NO. 79-2162S
)
DIVISION OF LICENSING, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice on December 12, 1979, in Fort Pierce, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the Division of Licensing's denial of the Petitioner's application for licensure as a private employment agency/agent license.
APPEARANCES
For Petitioner: Mr. Ralph E. Young, pro se
2117 South East Erwin Road Port St. Lucie, Florida
For Respondent: W. J. Gladwin, Jr., Esquire
Assistant General Counsel Department of State, The Capitol Tallahassee, Florida 32301
The parties stipulated that the applicant is qualified for licensure except for the grounds stated in the letter of denial, which are at issue. The grounds stated are that the Petitioner lacks three (3) years' experience as an employment clerk or the equivalent thereof in a related field, which experience must have been continuous and immediately preceding the date of such application.
The issues are whether: (a) The Petitioner has three (3) years' experience as an employment clerk; (b) The Petitioner's experience was in a related field and was the equivalent of experience as an employment clerk; and (c) The Petitioner's experience was continuous.
FINDINGS OF FACT
Except for the matters at issue, the Petitioner is full qualified for licensure as an agent and to obtain an agency license.
The Petitioner served twenty (20) years in the US Army, retiring as a sergeant-major in 1973. His last ten (10) years in service were involved directly with work which the agency concedes is the equivalent of the work done by an employment clerk.
The Petitioner, since retiring from the US Army, has been employed as a teacher/career counselor in the Detroit school system at the high school level. There he instructed high school ROTC six (6) to seven (7) hours per week. The remainder of his time was spent in counseling and duties associated with administration of the ROTC department of which he was head. The Petitioner has counseled more than 200 students regarding careers to include helping them fill out applications, helping to place them in programs, and encouraging them to develop job skills. He held this position until applying for this license.
The petitioner also served for more than three (3) years immediately preceding his application on the Harper Woods School Board. As a member of the school board he had to approve the hiring, firing and granting of tenure to school board employees, and review negotiated contracts for employees of the school board.
CONCLUSIONS OF LAW
The Petitioner's application was denied on the grounds that in the three (3) years previous to his application he had not worked continuously as an employment clerk or the equivalent thereof in a related field as required by Section 449.023(1), Florida Statutes.
The facts show that the Petitioner does meet the statutory equivalent criteria as defined further by Rule 1C-2.01, Florida Administrative Code. The Petitioner's experience is equivalent to that of an employment clerk in a related field. As a teacher he provided career counseling to more than 200 students, and as a school board member he had to approve the hiring, firing and granting of tenure, and contracts negotiated with unions for school board employees. The Petitioner did these things for the three (3) years preceding his application. These activities meet the criteria stated in Rule 1C-2.01(4), Florida Administrative Code, of serving in an occupation which includes the hiring, discharging, managing, guiding, testing and evaluation of persons for proper employment. Both as a teacher/counselor and as a school board member the Petitioner was engaged in these activities as a part of his occupation.
While this was not a full-time occupation, the Division of Licensing has recognized that part-time continuous work can be considered in determining whether an applicant meets the three (3) years' experience. If the Division recognizes part-time work for this purpose, it implicitly recognizes that it is continuous.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the application of Ralph E. Young for an employment agency/agent license be granted.
DONE and ORDERED this 21st day of December, 1979, in Tallahassee, Leon County, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 21st day of December, 1979.
COPIES FURNISHED:
W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State
The Capitol
Tallahassee, Florida 32301
Mr. Ralph E. Young
2117 South East Erwin Road Port St. Lucie, Florida
Docket for Case No: 79-002162
Orders for Case No: 79-002162
| Issue Date |
Document |
Summary |
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Jan. 10, 1980 |
Agency Final Order
|
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Dec. 21, 1979 |
Recommended Order
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Application for employment agent license denied because of three-year experience rule. He is approved based on twenty years in the Army, six years of Reserve Officer's Training Corp (ROTC), and experience in the School Board.
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