STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANK J. NORRIS, )

)

Petitioner, )

)

vs. ) CASE NO. 89-6252

)

FLORIDA REAL ESTATE, )

COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Jacksonville, Florida before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on June 4, 1990. The Division of Administration received the transcript of proceedings on June 22, 1990. Petitioner did not appear at the hearing.

APPEARANCES

For Petitioner: Manuel E. Oliver, Esquire

Assistant Attorney General

400 West Robinson Street, Suite 212 Orlando, Florida 32801

STATEMENT OF THE ISSUES

Whether respondent should grant petitioner's application for licensure as a real estate salesman?

PRELIMINARY STATEMENT

By letter dated November 6, 1989, respondent's counsel advised petitioner, Frank J. Norris, of the Florida Real Estate Commission's intention to deny petitioner's application on account of "your answer to questions 7 and 8 of the licensing application and/or your criminal record according to the appropriate law enforcement agency, specifically, the denial was based on the following:

1. Issuance of a worthless check.

   
   

2. Judgment for unpaid debt." After Mr. Norris requested a formal hearing by letter dated October 21, 1989, the Commission referred the matter to the Division of Administrative Hearings for hearing, in accordance with Section 120.57(1)(b)3., Florida Statutes (1989).

FINDINGS OF FACT

At the time and place set for hearing petitioner failed to appear in person or otherwise, and proved no facts in support of his application.

CONCLUSIONS OF LAW

The courts view it "as fundamental that an applicant for a license or permit carries `the ultimate burden of persuasion' of entitlement through all proceedings, of whatever nature, until such time as final action has been taken by the agency." Florida Department of Transportation v. J.W.C. Co. Inc., 396 So.2d 778, 787 (Fla. 1st DCA 1981); Zemour, Inc., v. State Division of Beverage,

347 So.2d 1102 (Fla. 1st DCA 1977) (lack of good moral character found "from evidence submitted by the applicant"). See generally Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). Petitioner has not met his burden here.

RECOMMENDATION

It is, accordingly, RECOMMENDED:

That respondent deny petitioner's application for license as a real estate salesman.

DONE and ENTERED this 12th day of July, 1990, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 1990.

COPIES FURNISHED:

Darlene F. Keller Division Director Division of Real Estate

400 West Robinson Street Post Office Box 1900 Orlando, FL 32801

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

Tallahassee, FL 32399-0792

Manuel E. Oliver, Esquire Assistant Attorney General Office of the Attorney General

400 West Robinson Street Orlando, FL 32801

Frank J. Norris 1038 Arco Road, #4

Jacksonville, FL 32211

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANK J. NORRIS, )

)

Petitioner, )

)

vs. ) CASE NO. 89-6252

)

FLORIDA REAL ESTATE, )

COMMISSION, )

)

Respondent. )

)

AMENDED RECOMMENDED ORDER

This matter came on for hearing in Jacksonville, Florida before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on June 4, 1990. The Division of Administration received the transcript of proceedings on June 22, 1990. Petitioner did not appear at the hearing.

APPEARANCE

For Petitioner: Manuel E. Oliver, Esquire

Assistant Attorney General

400 West Robinson Street, Suite 212 Orlando, FL 32801

STATEMENT OF THE ISSUES

Whether respondent should grant petitioner's application for licensure as a real estate salesman?

PRELIMINARY STATEMENT

By letter dated November 6, 1989, respondent's counsel advised petitioner, Frank J. Norris, of the Florida Real Estate Commission's intention to deny petitioner's application on account of "your answer to questions 7 and 8 of the licensing appropriate law enforcement agency, specifically, the denial was based on the following:

1. Issuance of a worthless check.

   
   

2. Judgement for unpaid debt.

After Mr. Norris, requested a formal hearing by letter dated October 21, 1998899, the Commission referred the matter to the Division of Administrative

Hearings for hearing, in accordance with Section 120.57(1)(b)3., Florida Statutes (1989).

FINDINGS OF FACT

At the time and place set for hearing petitioner failed to appear in person or otherwise, and proved no facts in support of his application.

CONCLUSIONS OF LAW

The courts view it "as fundamental that an applicant for a license or permit carries 'the ultimate burden of persuasion' of entitlement through all proceedings, of whatever nature, until such time as final action has been taken by the agency." Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778, 787 (Fla. 1st DCA 1981); Zemour, Inc., v. State Division of Beverage,

347 So.2d 1102 (Fla. 1st DCA 1977) (lack of good moral character found "from evidence submitted by the applicant"). See generally Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). Petitioner has not met his burden here.

RECOMMENDATION

It is accordingly, RECOMMENDED:

That respondent deny petitioner's application for license as a real estate salesman.

DONE and ENTERED this 12th day of July, 1990, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1990.

COPIES FURNISHED:

Darlene F. Keller Division Director Division of Real Estate

400 West Robinson Street Post Office Box 1900 Orlando, FL 32801

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

Tallahassee, FL 32399-0792

Manuel E. Oliver, Esquire Assistant Attorney General Office of the Attorney General

400 West Robinson Street Orlando, FL 32801

Frank J. Norris 1038 Arco Road, #4

Jacksonville, FL 32211

Docket for Case No: 89-006252

Orders for Case No: 89-006252