STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUN STATE LAND DEVELOPMENT, )

)

Petitioner, )

)

vs. ) CASE NO. 89-0939

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, final hearing in the above-styled case was held on May 2, 1989, in Orlando, Florida, before Robert E. Meale, Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

The parties were represented at the hearing as follows: For Petitioner: Dariush Ghaffarpour

Sun State Land Development, Inc.

2014 South Dean Road Orlando, Florida 32825

For Respondent: Ruth B. Dillard

Department of Transportation

Haydon Burns Building, Mail Station 58 605 Suwannee Street

Tallahassee, Florida 32399-0458 STATEMENT OF THE ISSUES

The issue is whether Petitioner is entitled to certification as a Disadvantaged Business Enterprise.

PRELIMINARY STATEMENT

Petitioner applied to Respondent for certification as a Disadvantage Business Enterprise. By letter dated January 26, 1989, Respondent informed Petitioner that its application had been denied because Respondent had determined that the majority owner was not a socially and economically disadvantaged individual.

By letter dated February 6, 1989, Petitioner requested a formal hearing.

At the hearing, Petitioner called himself as his sole witness and offered into evidence two exhibits. Respondent called one witness and offered into evidence two exhibits. All exhibits were admitted.

Neither party ordered a transcript or filed a proposed recommended order.

FINDINGS OF FACT

1. By letter dated January 26, 1989, Respondent denied Petitioner's application for certification as a Disadvantaged Business Enterprise on the grounds that its majority owner does not meet the requirements of a socially and economically disadvantaged individual.

   
   

2. Dariush Ghaffarpour is the sole shareholder of Petitioner. Mr. Ghaffarpour, who is almost 22 years old, came to the United States with his parents in 1977. The family came from Iran, which they had had to leave as a result of serious unrest in the country.

   
   

3. Mr. Ghaffarpour's parents were born in Iran, which adjoins Pakistan. They spoke the predominant language of Iran.

   
   

4. Mr. Ghaffarpour currently has no family in Pakistan. However, his grandparents were Pakistanis, who left the country for Iran prior to the birth of their child, who is Mr. Ghaffarpour's parent. The grandparents, who are no longer living, spoke Pishtu, which is the national language of Pakistan.

   
   

5. Mr. Ghaffarpour has never lived in Pakistan. His only visit there was for about two weeks. He does not speak Pishtu.

   
   

6. Mr. Ghaffarpour does not belong to any Pakistani social groups. He is a member of a loose-knit group of Asian Americans, but this group is not geared toward persons from Pakistan or Iran.

   
   

7. In applying for permission to immigrate to the United States, Mr. Ghaffarpour's family stated that their nationality was "Iran."

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

9. Rule 14-78.002, Florida Administrative Code, provides that certain individuals, including Asian-Indian Americans, are presumed to be socially and economically disadvantaged individuals. Asian-Indian Americans include persons "whose origins are from . . . Pakistan." Rule 14- 78.0021)(e).

   
   

10. As the applicant, the burden of proof is on Petitioner to show that it is entitled to certification as a Disadvantaged Business Enterprise. See, e.g., Florida Department of Transportation v. J. W. C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981).

    
    

11. Mr. Ghaffarpour is immediately from Iran, although his family origins can be traced to Pakistan. In interpreting the term, "origins," as used in the rule, there must be a limit to the inquiry. In this case, neither Mr. Ghaffarpour nor his parents ever resided in Pakistan or spoke the native language of the country. Mr. Ghaffarpour's cultural ties to Pakistan are quite attenuated, especially in the face of clear ties as to language, birthplace, and

    homeland with Iran. When immigrating to the United States, the family described its nationality consistent with the only country in which they had ever lived.

    Under the circumstances, Mr. Ghaffarpour is not entitled to the presumption that he is a socially and economically disadvantaged individual and has presented no evidence to suggest that he is so disadvantaged.

    
    

12. Petitioner is therefore not entitled to certification because its sole shareholder is not a socially and economically disadvantaged individual.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that the Department of Transportation enter a Final Order denying Petitioner's application for certification as a Disadvantaged Business Enterprise.

DONE and ENTERED this 30th day of June, 1989, in Tallahassee, Florida.

ROBERT E. MEALE

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 30th day of June, 1989.

COPIES FURNISHED:

Dariush Ghaffarpour, pro se

Sun State Land Development, Inc. 2014 South Dean Road

Orlando, Florida 32825

Ruth B. Dillard

Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street

Tallahassee, Florida 32399-0458

Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0450

Thomas H. Bateman, III General Counsel

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0458

Docket for Case No: 89-000939

Orders for Case No: 89-000939