STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL DECHANG ZENG, )

)

Petitioner, )

)

vs. ) CASE NO. 83-437

)

DEPARTMENT OF PROFESSIONAL )

REGULATION (ACUPUNCTURE), )

)

Respondent. )

)

RECOMMENDED ORDER

On July 21, 1983, a hearing was held in this cause by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings, in the Commission Chambers of the Lakeland City Hall, Lakeland, Florida. This case arose when the Petitioner received a failing grade on the acupuncture examination and challenged the examination administered by the Department of Professional Regulation

At the commencement of the hearing, Drucilla E. Bell was present and ready to proceed on behalf of the Department of Professional Regulation. At the commencement of the hearing, the Petitioner was not present.

FINDINGS OF FACT

1. The Department of Professional Regulation is authorized by law to administer the acupuncture examination.

   
   

2. The Petitioner, Michael Dechang Zeng, requested an administrative hearing to consider whether he should have received a passing grade on the August 1982 acupuncture examination.

   
   

3. This formal hearing was noticed on April 21, 1983, and copies provided the Petitioner and Respondent by mail in accordance with the provisions of the applicable statutes and rules.

   
   

4. The records does not reflect that the notice provided to the Petitioner was returned, as is the procedure of the Division of Administrative Hearings, and the record does not reflect that the Petitioner requested any continuation of the proceedings.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Department of Professional Regulation has authority to administer the examination for acupuncture, which the Petitioner took. An as applicant for licensure, the Petitioner bears the burden of proof in challenging the examination as administered by the Respondent. The Petitioner failed to appear and failed to present any evidence in support of his contention that the examination was improper. Having failed to meet his burden of proof, the

Petitioner must be denied and the action of the Department of Professional Regulation affirmed.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the grade received by the Petitioner on the August 1982 acupuncture examination be confirmed and approved.

DONE AND ORDERED this 3rd day of August 1983 in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, 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 3rd day of August 1983.

COPIES FURNISHED:

Mr. Michael Dechang Zeng 1017 East Broad Street Tampa, Florida 33604

Drucilla E. Bell, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Frederick Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-000437

Orders for Case No: 83-000437