STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RICHARD BERRY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-1376

) DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF LANDSCAPE ) ARCHITECTURE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for formal administrative hearing, pursuant to due notice, on October 13, 1983 before William F. Quattlebaum, Hearing Officer, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Richard Berry, pro se

6588 Southeast 78th Avenue Keystone Heights, Florida 32656

For Respondent: William A. Leffler, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

INTRODUCTION

At the hearing, the Petitioner testified on his own behalf. The respondent presented the testimony of Robert Buchannan and Juan Trujillo. A joint factual stipulation had been received prior to the hearing. No exhibits were received and no transcript was filed. The Petitioner did not file a proposed recommended order. The Respondent, without objection, was granted additional time to file a proposed recommended order. The proposed order was duly considered in the preparation of this Recommended Order. The Respondent's proposed findings of fact are ruled upon in the appendix which is attached and hereby made a part of this Recommended Order.

Prior to the start of the hearing, Counsel for the Respondent indicated that the testimony of Mr. Buchannan, the Respondent's expert on examination scoring, would support the Petitioner's assertion that additional grade points were justified by his answers to several of the relevant examination questions and that such additional points world raise the Petitioner's score to a passing grade. Accordingly, additional facts were stipulated and the testimony abbreviated.

FINDINGS OF FACT

1. Richard Berry, an applicant for licensure as a landscape architect, was administered the Landscape Architecture License Examination in June, 1987. This exam is a standardized national test which is prepared by the Council Of Landscape Architectural Registration Boards and administered through the Florida Department of Professional Regulation.

   
   

2. Part of the examination requires the implementation of design knowledge through practical application. Mr. Berry's score on the design implementation portion of the exam was not sufficient to constitute a passing score. A weighted score of 75 on each portion is required to pass the examination. Mr. Berry passed all other portions of the examination.

   
   

3. Upon initially receiving the failing score, Mr. Berry requested an informal review of the grading, which resulted in an upward adjustment of his score. However the score was still insufficient to raise the score to a passing level.

   
   

4. The remaining disagreement centered on five items in the practical examination. The items were related to architectural drawings submitted by the Petitioner as required by question four of the design implementation portion of the exam. The items were as follows:

   
   

   4b(2) drawing of wood deck attachment detail to wall

   4b(4) drawing of concrete sidewalk grade wall detail

   4b(5) drawing of metal fence detail 4b(6) qualities/quantities of materials

   listed

   4c(2,3) drawing of deck detail

   
   

5. At the hearing, Mr. Berry discussed the relevant exam questions and clearly articulated why he believed his responses were entitled to credit in addition to what had originally been given by the examination graders.

   
   

6. The Department's expert witness, Mr. Buchannan, indicated that he had rescored Mr. Berry's exam responses in accordance with the "Examination Evaluation Guide" issued by the Council of Landscape Architectural Examination Boards. Mr. Buchannan testified that one point of additional credit should have been given for Mr. Berry's response on the item 4b(2) and one point of additional credit should be given for the response on item 4b(6) of the design implementation portion of the exam. No additional points were to be credited to the responses on the three remaining items.

   
   

7. Juan Trujillo, examination development specialist for the Department of Professional Regulation testified as to the effect of the additional points. According to his testimony, the additional credit would provide Mr. Berry with, a raw score of 71.5, which equates to a weighted score of 74.5. The weighted score is rounded up by the Department to a grade of 75.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

9. Persons desiring to become licensed as landscape architects must apply to the Department of Professional Regulation for licensure. As part of the licensure process, applicants are required to take and pass an examination. Section 481.309, Florida Statutes.

   
   

10. In an administrative challenge to the results of the examination grading process, an applicant must establish by a preponderance of the evidence that the scoring of his exam answers was erroneous and that his answers should receive additional consideration. Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (1st DCA 1977). The Petitioner in this case, with the assistance of the Respondent's witnesses, has met the requisite burden.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That a Final Order be entered by the Department of Professional Regulation, Board of Landscape Architecture, granting to Petitioner, if otherwise qualified, licensure as a landscape architect.

DONE and ORDERED this 21st day of November, 1988, in Tallahassee, Florida.

WILLIAM F. QUATTLEBAUM

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 21st day of November, 1988.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1376

The proposed findings of fact submitted by the Respondent are accepted as modified in the Recommended Older.

COPIES FURNISHED:

Richard Berry, pro se

6588 Southeast 78th Avenue Keystone Heights, Florida 32656

William Leffler, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Pat Ard, Executive Director Department of Professional

Regulation

Board of Landscape Architects

130 North Monroe Street Tallahassee, Florida 32399-0750

Lawrence A. Gonzalez, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Bruce D. Lamb, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-001376

Orders for Case No: 88-001376