STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CIDRICK S. HERRINGTON, )

)

Petitioner, )

)

vs. ) CASE NO. 84-4326

)

DEPARTMENT OF PROFESSIONAL )

REGULATION (PARAMEDIC) and )

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondents. )

)

RECOMMENDED ORDER

Consistent with the Notice of Hearing furnished the parties by the undersigned on December 21, 1984, a hearing was held in this case before Arnold

H. Pollock, a Hearing Officer with the Division of Administrative Hearings in Pensacola, Florida on April 24, 1985. The issue for consideration was whether Petitioner was properly denied licensure as a paramedic in Florida.

APPEARANCES

For Petitioner: Cidrick E. Herrington, Pro Se

3327 North West Street Pensacola, Florida 32505

For Respondent: H. Reynolds Sampson, Esquire

(DPR) Assistant General Counsel Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Richard A. Patterson, Esquire

(DHRS) Staff Attorney Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301 BACKGROUND INFORMATION

On August 27, 1984, Petitioner took the test administered by the Department of Professional Regulation, Office of Examination Services, for paramedic, and on September 17, 1984, was notified he had failed to pass the examination mentioned. Thereafter, on November 12, 1984, in a letter to the Administrator of the Office of Examination Services, he formally appealed the denial of a license and requested a formal hearing.

At the hearing, Respondent, Department of Professional Regulation, moved for a dismissal of Petitioner's action on the basis that since he subsequently passed the examination and has been licensed by the State of Florida as a paramedic, the issue in this case is moot. Petitioner admitted that he passed the paramedic examination given on February, 1985, and has since been licensed as a paramedic in Florida.

Petitioner resisted the motion to dismiss, however, on the grounds that the examination system for paramedics was faulty and because of that, he unjustly failed the examination several times before passing it. He contends that if the examination had been corrected earlier, he would have been further along in his career than he is now since he has been unable to get a job as a paramedic.

It appears that though Petitioner had standing for the resolution of a bona fide issue of fact at the time the request for hearing was filed, based on the allegedly improper denial of a license, the subsequent issuance of a license to him renders the issue moot. See Betty Montgomery and Gussie Williams v. DHRS, Case No. BD-290 (Fla. 1st DCA 1985), Opinion filed April 15, 1985.

RECOMMENDED ACTION

Based on the foregoing, it is, therefore;

RECOMMENDED that the Petitioner's appeal of the denial of a license as a paramedic be dismissed.

RECOMMENDED in Tallahassee, Florida this 23rd day of May, 1985.

ARNOLD H. POLLOCK

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 23rd day of May, 1985.

COPIES FURNISHED:

Cidrick E. Herrington, Pro Se 3327 North W. Street Pensacola, Florida 32505

H. Reynolds Sampson, Esquire Assistant General Counsel

Department of Professional Regulation

130 N. Monroe Street Tallahassee, Florida 32301

Richard A. Patterson, Esquire Staff Attorney

Department of Health and Rehabilitative Services

1323 Winewood Boulevard

Tallahassee, Florida 32301

Fred Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

David Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Salvatore Carpino General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 84-004326

Orders for Case No: 84-004326