STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCOTT J. MILLER, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2806

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, FLORIDA REAL )

ESTATE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on February 2, 1984, by R. L. Caleen, Jr., Hearing Officer with the Division of Administrative Hearings, in West Palm Beach, Florida. Petitioner Scott J. Miller ("petitioner") did not appear. Respondent was represented by Ralph Armstead, Esquire, Assistant Attorney General, Department of Legal Affairs, Suite 212, 400 West Robinson Street, Orlando, Florida 32801.

Based on the evidence presented at hearing, the following facts are determined:

FINDINGS OF FACT

1. By letter of August 1, 1983, the legal advisor to respondent Florida Real Estate Commission ("Commission") informed petitioner that the Commission intended to deny his application for registration as a real estate salesman because of alleged failure to satisfy Section 475.17(1), Florida Statutes (1981), which requires that applicants be "honest, truthful, trustworthy, and of good character, and . . . have a good reputation for fair dealing." The letter noted that petitioner had a record of 14 criminal arrests, almost all relating to possession or sale of illicit drugs.

   
   

2. On August 29, 1983, petitioner disputed the Commission's intended action and requested a formal hearing. This case was then forwarded to the Division of Administrative Hearings for assignment of a hearing officer. By notice of November 22, 1983, copies of which were sent by U.S. mail to both parties, hearing was set for 8:30 A.M. on February 2, 1984, in Room A, Elisha Newton Dimick Building, 111 Georgia Avenue, West Palm Beach, Florida.

   
   

3. The hearing was delayed until 8:55 A.M., but petitioner did not attend. He did not notify the undersigned of any reason why he could not attend, nor did he request a continuance. Attempts to telephone him at approximately 8:45 A.M. were unsuccessful.

   
   

4. The Commission placed into evidence the basis for its intended denial of petitioner's application.

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Fla.Stat. (1981).

   
   

6. In licensing proceedings, the applicant has the burden of proving entitlement to the requested license. See, Florida Department of Transportation

v. J.W.C., Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981). By failing to attend the hearing, which was held at his request, petitioner failed to sustain this burden. Accordingly, his application should be denied for failure to show that he is "honest, truthful, trustworthy, and of good character, and . . . [has] a good reputation for fair dealing." Section 475.17(1).

RECOMMENDATION

For these reasons, it is RECOMMENDED:

That petitioner's application for registration as a real estate salesman in Florida be denied.

DONE and ENTERED this 15th day of February, 1984, in Tallahassee, Florida.

R. L. CALEEN, JR. 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 15th day of February, 1984.

COPIES FURNISHED:

Ralph Armstead, Esquire Assistant Attorney General Department of Legal Affairs Suite 212

400 West Robinson Street Orlando, Florida 32801

Scott J. Miller 3781 Mil Pond Court

Lake Worth, Florida 33463

Mr. Harold Huff, Director Division of Real Estate Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Docket for Case No: 83-002806

Orders for Case No: 83-002806