STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 82-2601

)

ROBERT L. BEVIER, M.D., )

)

Respondent. )

)

RECOMMENDED ORDER

The above-captioned case came on for hearing at Orlando, Florida, on November 10, 1982, before Thomas C. Oldham, Hearing Officer.

APPEARANCES

For Petitioner: Charlie L. Adams, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: J. Michael Matthews, Esquire

Fisher and Matthews, P.A.

608 East Semoran Boulevard, Suite 302 Altamonte Springs, Florida 32701

This proceeding is based upon an amended administrative complaint of Petitioner Department of Professional Regulation, Board of Medical Examiners, against Respondent Robert L. Bevier, M.D., wherein Petitioner seeks to take disciplinary action against Respondent's license to practice medicine, pursuant to allegations arising under Chapter 458, Florida Statutes.

At the commencement of the hearing, the parties announced that they had reached a proposed settlement whereby Respondent admitted all allegations of the administrative complaint and waived his right to a hearing on the charges. The parties further agreed that a suspension of Respondent's license to practice medicine for a period of one year would be an appropriate penalty under the admitted grounds for disciplinary action, with the condition that Respondent be permitted to submit matters in mitigation before the Board of Medical Examiners prior to the issuance of a Final Order herein. The parties requested that the Hearing Officer issue a Recommended Order incorporating the terms of the proposed settlement. The Hearing Officer agreed to the request.

It is therefore RECOMMENDED that the Board of Medical Examiners enter a final order finding that Respondent violated the specific statutory provisions recited in the amended administrative complaint in the manner alleged therein,

and that his license to practice medicine be suspended for a period of one year, pursuant to Chapter 458, Florida Statutes.

DONE and ENTERED this 15th day of November, 1982, in Tallahassee, Florida.

THOMAS C. OLDHAM

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 15th day of November, 1982.

COPIES FURNISHED:

Dorothy Faircloth Executive Director

Board of Medical Examiners

130 North Monroe Street Tallahassee, Florida 32301

Charlie L. Adams, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

J. Michael Matthews and James C. Fisher, Esquires Fisher and Matthews, P.A.

Suite 302 - 608 East Semoran Blvd. Altamonte Springs, Florida 32701

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

================================================================= BEFORE THE BOARD OF MEDICAL EXAMINERS

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,

Petitioner,

vs. CASE NO. 0024462

DOAH CASE NO. 82-2601

ROBERT L. BEVIER, M.D.,

License No. 22048,

Respondent.

/

FINAL ORDER OF

THE BOARD OF MEDICAL EXAMINERS

This matter came for final action by the Board of Medical Examiners pursuant to Section 120.57(1)(b)9, F.S., at a public meeting on December 4, 1982, in Kissimmeee, Florida, for review of the recommended order of the hearing officer entered herein. A transcript of the proceedings is available, if necessary.

FINDINGS OF FACT

Following a review of the complete record, the Board of Medical Examiners hereby adopts and incorporates by reference the Findings of Fact of the hearing officer, those facts alleged in the Amended Administrative Complaint, and admitted to by the Respondent.

CONCLUSIONS OF LAW

Following a review of the complete record, the Board of Medical Examiners hereby adopts and incorporates by reference the Conclusions of Law of the hearing officer, those being the violations of law alleged in the Amended Administrative Complaint and admitted to by the Respondent.

However, the Board hereby rejects the Recommendation of the hearing officer. The Recommendation of the hearing officer fails to consider the seriousness of the offense as well as the harm to members of the public as reflected in the record of this proceeding. Moreover, the Board finds that the mitigating factors offered by the Respondent do not serve to outweigh the grave consequences of Respondent's violations of the statutes. IT IS THEREFORE

ORDERED AND ADJUDGED that the license to practice medicine in the State of Florida of Robert L. Bevier, M.D., be and hereby is revoked.

This Order shall take effect on the date of the filing.

DONE AND ORDERED this 27th day of December, 1982.

BOARD OF MEDICAL EXAMINERS

By Dorothy J. Faircloth

cc: All Counsel of Record. Robert L. Bevier, M.D.

159 N. Country Club Road Lake Mary, Florida 32746

J. Michael Matthews, Esquire Suite 302, 608 E. Semoran Blvd., Altamonte Springs, Florida 32701

Docket for Case No: 82-002601

Orders for Case No: 82-002601