STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BERNADETTE S. WOODS, )

)

Petitioner, )

)

vs. ) CASE NO. 91-2353

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF OPTOMETRY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Mary Clark, held a formal hearing in the above- styled case on July 9, 1991, in Orlando, Florida.

APPEARANCES

For Petitioner: Bernadette S. Woods

315 Lakepointe Drive, #104 Altamonte Springs, Florida 32701

For Respondent: Vytas J. Urba,

Asst. General Counsel Department of Professional

Regulation

1940 N. Monroe Street Tallahassee, Florida 32399-0792

STATEMENT OF THE ISSUES

Petitioner has challenged her grade on the written portion of the September 1990 Optometry licensing examination. The issue for determination is whether she is entitled to a passing grade.

BACKGROUND, FINDINGS OF FACT AND RECOMMENDED DISPOSITION

1. The hearing was convened as scheduled, and the parties proceeded with their argument and presentation of exhibits and testimony.

   
   

2. Respondent stipulated that Ms. Woods had passed the clinical and practical portions of the examination, but received a 68.5% score on the written portion of the examination. A passing score is 70%. Ms. Woods required three additional raw score points to pass.

   
   

3. During the course of the hearing it became apparent that the text of one of the questions challenged by Ms. Woods was misleading, as the correct answer in a multiple choice series was misspelled. The misspelling was such

   that the proper spelling could have been either the term intended by the test, or another term that would have been an incorrect answer. Ms. Woods selected the next best answer in the series.

   
   

4. After a brief recess in the hearing, Respondent stipulated that Petitioner should be given credit for her answer on that question, as well as ensuing questions that were part of the same hypothetical example.

   
   

5. As stipulated by Respondent on the record, this results in a passing score for Petitioner.

   
   

6. It was agreed that a Recommended Order would be entered, consistent with this stipulation, and that the examination questions received in evidence would be forwarded to the Board, appropriately sealed.

RECOMMENDATION

Based on the foregoing, it is hereby, recommended that the Board of Optometry enter its final order granting a passing score on the September 1990 Optometry examination to Petitioner, Bernadette Susan Woods.

RECOMMENDED this 19th day of July, 1991, in Tallahassee, Leon County, Florida.

MARY CLARK

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 19th day of July, 1991.

COPIES FURNISHED:

Bernadette S. Woods

315 Lakepointe Drive, #104 Altamonte Springs, FL 32701

Vytas J. Urba,

Asst. General Counsel Department of Professional

Regulation

1940 N. Monroe Street Tallahassee, FL 32399-0792

Patricia Guilford, Executive Director Board of Optometry

Department of Professional Regulation

1940 N. Monroe Street Tallahassee, FL 32399-0792

Jack McRay, General Counsel Department of Professional

Regulation

1940 N. Monroe Street Tallahassee, FL 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 91-002353

Orders for Case No: 91-002353