STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VICTORIA L. WILLIAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 87-3106

) FLORIDA DEPARTMENT OF HEALTH ) AND REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on September 14, 1987, in Gainesville, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Victoria L. Williams, Pro Se

6806 Northeast 39 Avenue

Gainesville, Florida 32606

For Respondent: Don Royston, Senior Attorney

1000 Northeast 16th Avenue Gainesville, Florida 32609

The issue is whether Respondent, Department of Health and Rehabilitative Services, engaged in an unlawful employment practice by discriminating against Petitioner, Victoria L. Williams, on account of race.

FINDINGS OF FACT

At the formal hearing in this cause on September 14, 1987, the Petitioner appeared 30 minutes late for the hearing. Notice of Hearing and Order of prehearing instructions were mailed to Petitioner at her correct address on August 21, 1987, and were not returned by the U.S. Post Office. Additionally an initial Order regarding the procedural matters and rights was mailed to Petitioner at her correct address on August 3, 1987, and was not returned by the

U.S. Post Office. When Petitioner did appear for the formal hearing, she indicated that she was unwilling to proceed or to present evidence because the hearing was "a set-up" and part of a conspiracy against her. She also refused to testify on her own behalf because she did not wish to be "crucified." Petitioner requested that the undersigned Hearing Officer call an attorney for her. Petitioner was advised that the undersigned could not do so. Petitioner then indicated that she was not mentally or emotionally prepared to proceed.

The undersigned advised Petitioner of her burden of proof and burden of going forward. Petitioner failed or refused to present any evidence in support of her Petition for Relief.

CONCLUSIONS OF LAW

In this case Petitioner has the burden of proof to show a prima facie violation of the Human Rights Act of 1977, Section 760.10, Florida Statutes. Petitioner also has the burden of going forward. At the formal hearing which was scheduled for this purpose, Petitioner failed or refused to present any evidence which would sustain her burden of proof. Petitioner failed or refused to present any evidence in support of her Petition for Relief. Having failed to carry her burden of proof by refusing to present evidence and participate in the proceedings, dismissal of the Petition for relief is appropriate.

RECOMMENDATION

Based upon the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a Final

Order denying relief to Petitioner, Victoria L. Williams, and dismissing the Petition for Relief.

DONE AND ENTERED this 16th day of September, 1987, in Leon County, Tallahassee, Florida.

DIANE K. KIESLING

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 16th day of September, 1987.

COPIES FURNISHED:

Victoria L. Williams 6806 Northeast 39 Avenue

Gainesville, Florida 32606

Donald A. Griffin Executive Director

Commission on Human Relations

325 John Knox Road

Tallahassee, Florida 32399-1570

Dana Baird, General Counsel Commission on Human Relations Building F, Suite 240

325 John Knox Road

Tallahassee, Florida 32399-1570

Don Royston Senior Attorney

Department of Health and Rehabilitative Services

1000 Northeast 16th Avenue Gainesville, Florida 32609

Docket for Case No: 87-003106

Orders for Case No: 87-003106