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ALAN MICHAEL LOPEZ vs. FLORIDA REAL ESTATE COMMISSION, 83-001258 (1983)

Court: Division of Administrative Hearings, Florida Number: 83-001258 Visitors: 28
Judges: STEPHEN F. DEAN
Agency: Department of Business and Professional Regulation
Latest Update: Aug. 03, 1983
Summary: Petitioner failed to appear to present evidence his application for Real Estate license was wrongfully denied. Dismiss the complaint.
83-1258.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ALAN MICHAEL LOPEZ, )

)

Petitioner, )

)

vs. ) CASE NO. 83-1258

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, FLORIDA REAL ESTATE ) COMMISSION, )

)

Respondent. )

)


RECOMMENDED ORDER


Formal hearing in this cause was held pursuant to notice by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative on July 19, 1983, in Room 916 of the Park Trammell Building, 1313 Tampa Street, Tampa, Florida. This case arose upon the denial by the Florida Real Estate Commission of the Petitioner's application for licensure as a real estate salesman.


APPEARANCES

For Petitioner: Did not appear and was not represented. For Respondent: Ralph D. Armstead, Esquire

Department of Legal Affairs

400 West Robinson Street, Suite 212 Orlando, Florida 32801


FINDINGS OF FACT


  1. The Florida Real Estate Commission is charged under Chapter 475, Florida Statutes, with the licensure of real estate salesmen.


  2. The Petitioner's application for licensure was denied by the Florida Real Estate Commission.


  3. The Petitioner requested a formal hearing to review the Commission's action in denying his application.


  4. Notice of the formal hearing in this master was provided to Alan Michael Lopez at 3325 Bayshore Boulevard, Apartment D-11, Tampa, Florida 33609, and to the Department of Legal Affairs at 400 West Robinson Street, Suite 212, Orlando, Florida 32801.


  5. The Petitioner did not appear and did not present any evidence in support of his application for licensure.

    CONCLUSIONS OF LAW


  6. The Florida Real Estate Commission has authority to license real estate salesmen under the provisions of Chapter 475, Florida Statutes. This order is entered pursuant to the provisions of Section 120.57(1) Florida Statutes.


  7. The Petitioner bears the burden to present evidence in support of his application for licensure. The record reflects that notice as required by the statutes was provided to the Petitioner and the Respondent. The Petitioner did not appear and did not present any evidence in support of his application. The burden of proof lies upon the Petitioner, and the Petitioner failed to meet that burden.


RECOMMENDATION


Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the action of the Florida Real Estate Commission in denying the application for licensure of Alan Michael Lopez be affirmed.


DONE and RECOMMENDED 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. Alan Michael Lopez 3325 Bayshore Boulevard, D-11

Tampa, Florida 33609


Ralph D. Armstead, Esquire Department of Legal Affairs

400 West Robinson Street, Suite 212

Orlando, Florida 32801


Frederick Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

William M. Furlow, Esquire Department of Professional

Regulation

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802


Docket for Case No: 83-001258
Issue Date Proceedings
Aug. 03, 1983 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 83-001258
Issue Date Document Summary
Aug. 03, 1983 Recommended Order Petitioner failed to appear to present evidence his application for Real Estate license was wrongfully denied. Dismiss the complaint.
Source:  Florida - Division of Administrative Hearings

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