STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARIEL HOLLERO GARCIA, M. D., )

)

Petitioner, )

)

vs. ) CASE NO. 82-535

) STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, BOARD ) OF MEDICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on July 22, 1982, in Orlando, Florida.

APPEARANCES

For Petitioner: Ariel Hollero Garcia, pro se

40 South Bay Avenue Brightwaters, New York 11718

For Respondent: Chris D. Rolle, Esquire

Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

ISSUE

Whether or not the Petitioner is eligible for licensure by endorsement.

FINDINGS OF FACT

1. Based upon the documentary evidence received, the statement of position offered by counsel for Respondent, State of Florida, Department of Professional Regulation, Board of Medical Examiners, and the entire record compiled herein, the following relevant facts are found:

   
   

2. Petitioner, Ariel Hollero Garcia, M.D., filed an application for licensure by endorsement with the Department of Professional Regulation, Board of Medical Examiners (Respondent) on or about September 29, 1981.

   
   

3. Petitioner's application for licensure by endorsement was denied by the Respondent based on its determination that Petitioner has not been certified by licensure examination of the National Board of Medical Examiners and that, while he was certified by the Federation of State Medical Boards of the United States, Inc., as having completed its examination, it was not within the ten (10) years immediately preceding the filing of his (Petitioner's) application for licensure

   by endorsement. Petitioner was certified by the Federation of State Medical Examiners in June of 1971.

   
   

4. Petitioner agrees with the above-recited facts; however, he feels that the ten (10) year requirement should be waived for him in these circumstances, inasmuch as his application was submitted for licensure by endorsement within only approximately three (3) months beyond the ten (10) year filing period during which an applicant can be certified (licensed) by endorsement.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant too the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 458, Florida Statutes.

8. Chapter 458.313, Florida Statutes, provides in pertinent part that: (1)(d) The department shall issue a license

   by endorsement to any applicant . . . who has

   been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc. (FLEX) or is certified by the National Board of Medical Examiners

   as having completed its examination; provided that said examination required shall have been so certified within the ten

   years immediately preceding the filing of his application for licensure under this section.

   
   

9. Based on the evidence which reveals that the Petitioner was certified by the Federation of State Medical Examiners during June of 1971, and that Petitioner submitted his application for licensure by endorsement to Respondent in late September, 1981, it is concluded as a matter of law that the Petitioner does not meet the above-referred statutory requirement. Inasmuch as the subject ten (10) year filing limitation is promulgated by statute, such a requirement cannot be waived.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby

RECOMMENDED:

That Petitioner's application for licensure by endorsement be DENIED. 1/

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of August, 1982.

ENDNOTE

1/ This recommended denial of Petitioner's application for licensure by endorsement in no way affects his rights to file an application for certification by passage of the licensure examination.

COPIES FURNISHED:

Ariel Hollero Garcia, M.D.

40 South Bay Avenue Brightwaters, NY 11718

Chris D. Rolle, Esquire Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Dorothy Faircloth Executive Director

Board of Medical Examiners

130 North Monroe Street Tallahassee, Florida 32301

Samuel R. Shorstein Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-000535

Orders for Case No: 82-000535