STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TAMMY GREENE, )

)

Petitioner, )

)

vs. ) CASE No. 91-4793

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF ARCHITECTURE ) AND INTERIOR DESIGN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Veronica E. Donnelly, held a formal hearing in the above-styled case on October 21, 1991, in Tampa, Florida.

APPEARANCES

For Petitioner: No appearance

For Respondent: John J. Rimes, III, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32399 1050 STATEMENT OF THE ISSUES

Whether Petitioner is qualified for licensure without examination as an interior designer in Florida.

PRELIMINARY STATEMENT

In a letter filed with the Board of Architecture and Interior Design (the Board) on May 10, 1991, Tammy Greene (Greene) requested a formal hearing to contest the Board's determination that her pending application for licensure had been abandoned. The case was referred to the Division of Administrative Hearings on July 30, 1991, and the case was promptly scheduled for hearing on October 21, 1991.

Petitioner Greene did not appear at hearing. The Hearing Officer telephoned Petitioner Greene's business office and was told that she was out for the afternoon. The Hearing Officer's telephone number in Tallahassee was left for Petitioner, but a return call was never received.

In an abundance of caution, based upon the representation that Petitioner Greene had advised opposing counsel she was sending additional documentation to support her pending application, an additional ten days was given to the parties

to submit evidence for purposes of this proceeding. The additional documentation was never received by the Division of Administrative Hearings.

During the hearing, Respondent submitted three exhibits and called one witness. A transcript of the hearing was filed with the Division of Administrative Hearings on November 8, 1991. As the Petitioner has the burden of proof in this proceeding, the filing of a proposed recommended order was waived by Respondent.

FINDINGS OF FACT

1. On December 8, 1989, Petitioner's application for registration in Florida as an interior designer under the exemption provisions of the licensure law was received by the Board.

   
   

2. The application was reviewed and found to be incomplete because the required documentation of 6 years experience was not included. Petitioner was so notified on January 5, 1990, and her application was held in abeyance until the requested documentation was received.

   
   

3. On July 2, 1990, a second notice was sent to Petitioner. This notice explained that the client verification forms sent with her application did not span a 6-year period and they did not provide sufficient detail of design experience. Petitioner was asked to submit 3 more forms that span at least a six year period. Client verifications prior to 1984 and after 1987 were needed by a July 31, 1990 deadline.

   
   

4. By October 16, 1990, two additional client verification forms were received. One form was for a project in 1983 and the other was for a project in 1989.

   
   

5. The application submitted by Petitioner through October 31, 1991, did not contain sufficient material to demonstrate that she has six years of interior design practice as required by Section 21 of Chapter 88-383, Laws of Florida. Specifically, more detailed work experience was needed with supporting plans to show full scale design occurred.

   
   

6. The evidence submitted by Petitioner in her application to the Board reflects work more in the nature of "interior decorating services" as defined by Section 481.229(6), Florida Statutes, as opposed to "interior design" as defined by Section 481.203(8), Florida Statutes.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

8. A specific procedure for licensure as an interior designer without examination is provided in Section 21 of Chapter 88-383, Laws of Florida.

   
   

9. This procedure is time-limited, and applies only to a particular group of potential applicants. To establish entitlement to licensure under Section 21 of Chapter 88-383, an applicant must satisfy the following provision of Section 21(1)(b):

   
   

   1. Any person who applies for licensure as a registered interior designer . . . shall be

      licensed by the department without taking the written examination or otherwise meeting the qualifications of s. 481.209(2), Florida Statutes, provided the applicant:

      
      

      (b) Has used or been identified by the title "interior designer" and has at least 6 years of interior design experience... .

      
      

10. Since Petitioner is seeking to establish her qualification for licensure without examination, she has the burden of establishing her qualifications. Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981).

    
    

11. Through her request for formal hearing, Petitioner challenged the Board's initial determination that she does not have 6 years experience in interior design. Her application, as submitted, and the lack of any additional evidence to support Petitioner's contention that she has the necessary experience causes the Board's initial decision to be upheld. Petitioner did not sustain her burden of proof as to her qualifications. It is, therefore, concluded that Petitioner has failed to establish her entitlement to licensure without examination under the "grandfather" provision of Section 21(1)(b), Chapter 88-383, Laws of Florida.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that Respondent enter a Final Order dismissing Petitioner's challenge to the determination that she is not qualified for licensure as an interior designer without examination.

DONE and ENTERED this 4th day of December, 1991, in Tallahassee, Leon County, Florida.

VERONICA E. DONNELLY

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 4th day of December, 1991.

Copies furnished:

TAMMY GREENE

105 W GENESEE

TAMPA FL 33603

JOHN J RIMES III ESQ ASST ATTORNEY GENERAL DEPT OF LEGAL AFFAIRS THE CAPITOL

TALLAHASSEE FL 32399 1050

ANGEL GONZALEZ - EXECUTIVE DIRECTOR FL BOARD OF ARCHITECTURE

AND INTERIOR DESIGN 1940 N MONROE ST TALLAHASSEE FL 32399

JACK MCRAY ESQ - GENERAL COUNSEL DEPT OF PROFESSIONAL REGULATION 1940 N MONROE ST

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: 91-004793

Orders for Case No: 91-004793