STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND )

EMPLOYMENT SECURITY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0607

)

BAY COUNTY SCHOOL BOARD, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tallahassee, Florida before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on June 6, 1984. Mr. Charles Pettis, who is employed by respondent, Bay County School Board, was present for the proceedings, but did not appear as a qualified representative on respondent's behalf. Petitioner was represented by counsel:

Chad Jeffrey Motes, Esquire

Department of Labor & Employment Security Suite 131, Montgomery Building

2562 Executive Center Circle East Tallahassee, Florida 32301

The parties' dispute under Contract No. 2-34-005-005 having been remanded for disposition pursuant to Section 120.57(2), Florida Statutes (1983), there remains only the following

ISSUE

Whether petitioner should recover $2,335 allegedly disbursed by respondent under Contract No. 3-11-038-005-005 to one Kenneth L. Jenks?

FINDINGS OF FACT

1. Kenneth L. Jenks of Franklin County was enrolled in a CETA program administered by the Bay County School Board at some point during 1983.

   
   

   CONCLUSIONS OF LAW

   
   

2. Petitioner's counsel stipulated at hearing that, in order to prevail on its claim for reimbursement, respondent would have to meet the burden of establishing that Kenneth L. Jenks was ineligible for participation in a CETA program. The petitioner's theory was that Mr. Jenks resided with his mother

rather than in a separate household as both he and his mother claimed; and that his mother's income was so high that no member of the household would have been eligible to participate in a CETA program. There was absolutely no evidence as to what his mother's income, if any, was. Nor did petitioner prove that Mr.

Jenks lived in his mother's home. There was also, incidentally, a dearth of proof that money supposedly paid to Mr. Jenks by the respondent, was in fact paid.

RECOMMENDATION

It is, accordingly, RECOMMENDED that petitioner abandon its efforts to recover from respondent any monies claimed under Contract No. 2-11-038-005-005.

DONE AND ENTERED this 8th day of June 1984 in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of June 1984.

COPIES FURNISHED:

Lizanne Batey, Chief Bureau of Job Training

Dept. of Labor & Employment Security Division of Labor, Employment & Training Tallahassee, Florida 32301

Charles Pettis, JTPA Coordinator Bay County School Board

3016 Highway 77

Panama City, Florida 32405

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AGENCY FINAL ORDER

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STATE OF FLORIDA

DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY

DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,

Petitioner,

vs. CASE NO. 84-0607

BAY COUNTY SCHOOL BOARD,

Respondent.

/

FINAL ORDER

This matter was duly noticed and heard by a hearing officer on June 6, 1984, to determine whether the Respondent should pay Petitioner sums of money disallowed by Petitioner as being improper expenditures of money granted by Petitioner to Respondent.

The hearing officer issued a recommended order summarizing the issues, findings of fact, and conclusions of law.

Subsequent to issuance of the recommended order, the U.S. Department of Labor issued a waiver of the costs disallowed by Petitioner. Petitioner, in turn, issued an amended final determination, attached Exhibit A, which allowed all of the costs previously disallowed by Petitioner.

I find that is not necessary to decide the correctness of the findings and conclusions of the hearing officer upon the issues due to the allowance of all costs previously disallowed. The attached amended final determination is incorporated as a part of this order.

Therefore, this case is dismissed.

Director, Division of Labor, Employment and Training

Copies: Joe Mills

Charles Pettis Chad Motes Robert Benton Henry Warren

Docket for Case No: 84-000607

Orders for Case No: 84-000607