STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DONALD F. DRISCOLL, )

)

Petitioner )

)

vs. ) CASE NO. 88-3856

) DEPARTMENT OF PROFESSIONAL ) REGULATION, CONSTRUCTION ) INDUSTRY LICENSING BOARD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on May 18, 1989, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Donald F. Driscoll, pro se

1379 Savoyard Way

Royal Palm Beach, Florida 33411

For Respondent: G. W. Harrell, Esquire

Department of Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792 STATEMENT OF THE ISSUE

Whether Petitioner correctly answered question numbered 14 of the February, 1988, Certified General Contractor's Examination so as to be entitled to licensure?

PRELIMINARY STATEMENT

Petitioner received a failing grade on the February, 1988, Certified General Contractor's Examination and timely requested a formal hearing regarding that grade. Initially, Petitioner challenged Respondent's determination that Petitioner's answers to questions numbered 14, 15, and 17 of the business administration portion of that examination were incorrect. At the final hearing, Petitioner withdrew his challenge to questions numbered 15 and 17 and proceeded with his challenge to question numbered 14 only.

Petitioner testified on his own behalf, and Respondent presented the testimony of George Bruton. Additionally, Respondent's Exhibit numbered 1 was admitted in evidence.

Only Respondent submitted posthearing proposed findings of fact in the form of a proposed recommended order. A ruling on each proposed finding of fact can be found in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Petitioner received a score of 69 on the business administration portion of the February, 1988, Certified General Contractor's Examination. If he had correctly answered one additional question on that portion of the Examination, he would have achieved a passing grade.

   
   

2. Petitioner selected answer "A" to question numbered 14 of the Examination. Respondent had selected "B" as the correct answer for that question.

   
   

3. Answer "B" is the only correct answer to question numbered 14 of the business administration portion of the February, 1988, Certified General Contractor's Examination.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties hereto and the subject matter hereof. Section 120.57(1), Florida Statutes.

   
   

5. Petitioner had the burden of proving that he gave a correct answer to question numbered 14 of the business administration portion of the February, 1988, Certified General Contractor's Examination, and he has failed to do so.

If the language in question numbered 14 is given its ordinary, every day meaning, only answer "B" is correct. Accordingly, Petitioner is not entitled to receive credit for his answer to question numbered 14 and has failed to prove that he achieved a passing grade on the Examination.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is Recommended that a Final Order be entered finding that Petitioner failed to

achieve a passing grade on the February, 1988, Certified General Contractor's

Examination.

DONE AND RECOMMENDED this 8th day of August, 1989, in Tallahassee, Leon County, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of August, 1989.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-3856

1. Respondent's proposed finding of fact numbered 1 has been adopted in substance in this Recommended Order.

2. Respondent's proposed findings of fact numbered 2 and 3 have been rejected as being unnecessary for determination of the issues in dispute in this cause.

3. Respondent's proposed findings of fact numbered 4-6 have been rejected as not constituting findings of fact but rather as constituting recitations of the testimony.

COPIES FURNISHED:

Donald F. Driscoll 1379 Savoyard Way

Royal Palm Beach, Florida 33411

G. W. Harrell, Esquire

Department of Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2

Jacksonville, Florida 32202

Docket for Case No: 88-003856

Orders for Case No: 88-003856