STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF DENTISTRY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-4172

)

JOSE CURA, )

)

Respondent. )

)

RECOMMENDED ORDER

On April 29, 1988, a hearing was held in the above-styled case. At said hearing, the parties agreed to waive the formal hearing scheduled for May 4, 1988, and submit the case to the hearing officer for entry of a recommended order based on respondent's admission of the facts alleged in the administrative complaint. On May 5, 1988, the respondent's statement, admitting the facts alleged in the administrative complaint and waiving the formal hearing was filed with the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Bill O'Neil, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: Harold M. Braxton, Esquire

9100 South Dadeland Boulevard #406

Miami, Florida 33156 FINDINGS OF FACT

Stipulated facts

Based on the parties' stipulation, the facts alleged in paragraphs 1-10 of the amended administrative complaint dated July 14, 1987, are admitted.

Accordingly, the following facts are established:

1. Petitioner, Department of Professional Regulation (DPR), is the state agency charged with regulating the practice of dentistry pursuant to Section 20.30, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 466, Florida Statutes

   
   

2. Respondent is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN0009074. Respondent's last known address is 5230 South West 112 Avenue, Miami, Florida 33165.

3. On or about September 14, 1981, the respondent completed an application for dental examination and ultimate licensure as a dentist for the State of Florida.

   
   

4. An application for dental examination includes blank areas of background, educational, and professional experience which must be completed by the applicant.

   
   

5. The information received pursuant to completion of the Application for Dental Examination and the attending documents are relied upon by the Board of Dentistry to permit entrance into the examination and subsequent licensure.

   
   

6. Respondent represented in his application and through attending documents that he graduated from the University of Havana, obtaining the degree of Doctor of Dental Surgery.

   
   

7. Included in said attending documents was a transcript, from the University of Havana, indicating course work from 1958 through 1963, inclusive.

   
   

8. Also included with the respondent's application was an affidavit executed by the respondent on or about April 26, 1979. Said affidavit affirms that the respondent attended the University of Havana from 1958 through 1963 and having passed all curriculum, received the degree of Doctor of Dental Surgery. Further, the affidavit avers that the respondent obtained his diploma on April 20, 1964, and that the respondent's post graduate work consisted of private practice in Mexico City from 1964 through 1974.

   
   

9. From 1958 through 2982, the date the respondent obtained his license, the following facts are at variance with the respondent's application and attending documents (in part but not limited to):

   
   

   1. The University of Havana was closed from approximately November 1956 through May 1959.

      
      

   2. The respondent served in the United States Army from 1964 through 1967, inclusive.

      
      

   3. The respondent's military records reveal respondent's date of birth as February 2, 1942; social security number as 150-32-3765; entry into Army on November 9, 1964, and a discharge date of January 13, 1967.

      
      

   4. Respondent's military records further reflect that the respondent attended two years of college in New York graduating in 1964 in mechanical dentistry and that his civilian occupation prior to this military service was a dental technician.

      
      

   5. Respondent's military records further reflect that respondent's last year in Cuba was 1958 and that he spent 192 months (16 years) totally in said country.

      
      

   6. Respondent received his social security number on or about the year 1958-59. Same was given only to permanent residents of the United States or those individuals intending to work in the United States.

      
      

   7. Respondent's transcript fails to contain the "sellos del timbre" or tax stamp which was required on official documents.

   8. The signature of the rector as it appears on respondent's transcript, is inconsistent with who was the president of the school during respondent's alleged graduation.

      
      

   9. Statements of several former students and faculty members fail to establish the respondent's presence at the dental school of the University of Havana during 1958-63, or graduation in 1964.

      
      

   10. Respondent attended Rahway High School, New Jersey, as a student, from June 5, 1958, to June 21, 1960.

       
       

10. The respondent's representation that he attended the University of Havana and graduated from same as well as representing his time in private practice constitute fraudulent misrepresentation in the practice of dentistry.

    
    

    Additional stipulated facts

    
    

11. The parties further stipulate that respondent ceased to practice dentistry on or about April 1, 1988, tendered his license to the Board of Dentistry for voluntary relinquishment, and surrendered his Federal DEA number.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

    
    

13. Pertinent to this case, Section 466.028(1), Florida Statutes, provides that a license may be revoked or otherwise disciplined where the licensee commits any of the following acts:

    
    

    1. Attempting to obtain, obtaining, or renewing a license under this chapter by...fraudulent misrepresentations....

       * * *

       (u) Fraud, deceit, or misconduct in the practice of dentistry....

       * * *

       (bb) The violation...of. Chapter

       455....

       
       

       Section 455.227(1), Florida Statutes, provides:

       
       

       The board shall have the power to revoke, suspend, or deny the renewal of the license, or to reprimand, censure or otherwise discipline a licensee, if the board finds that:

       * * *

       (e) The license has been obtained by fraud or material misrepresentation of a material fact....

       
       

14. The proof demonstrated that respondent violated the provisions of Sections 466.028(1)(a), (u), and (bb), Florida Statutes, as alleged in the amended administrative complaint.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking respondent's license. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 16th day of

May, 1988.

WILLIAM J. KENDRICK

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 May, 1988.

COPIES FURNISHED:

Bill O'Neil, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Harold Braxton, Esquire

9100 South Dadeland Boulevard #406

Miami, Florida 33156

Pat Guilford, Executive Director Board of Dentistry

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 87-004172

Orders for Case No: 87-004172