STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DOUGLAS H. GUNTER, )

)

Petitioner, )

)

vs. ) CASE NO. 91-5323

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, ELECTRICAL CONTRACTORS ) LICENSING BOARD, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the Hearing Officer designated by the Division of Administrative Hearings, in Fort Lauderdale, Florida, on October 11, 1991.

APPEARANCES

For Petitioner: Douglas H. Gunter, pro se

600 East River Drive Margate, Florida 33063

For Respondent: Clark R. Jennings, Esquire

Assistant Attorney General Suite 1603, The Capitol

Tallahassee, Florida 32399-1050 STATEMENT OF THE ISSUE

The issue is whether Mr. Gunter is entitled to sit for the examination for licensure as an unlimited electrical contractor based on the application which he submitted on July 17, 1991. By letter dated July 26, 1991, the Board denied Mr. Gunter's application because he did not demonstrate three years of responsible management experience or six years of comprehensive, specialized training or experience in the electrical contracting business in the application as required by Rule 21GG-5.003 Florida Administrative Code.

PRELIMINARY STATEMENT

At the hearing in this matter James P. Williams, a member of the Electrical Contractors' Licensing Board, testified on behalf of the Department, and Mr.

Gunter made statements in his own behalf. The application file for Mr. Gunter was received in evidence as Department Exhibit 1. A copy of a transcript of courses Mr. Gunter took at the Austin Community College in Austin, Texas was received as Mr. Gunter's Exhibit 1, along with a copy of a final judgement of adoption entered by the Circuit Court in Pasco County, Florida, which accounts for the difference in name found on the transcript. During the hearing counsel for the Board also submitted copies of currently pending amendments to rules of

the Electrical Contractors' Licensing Board. The first was published in Volume 17, Number 12 of the Florida Administrative Weekly at page 1226, and is an amendment to Rule 21GG-5.001(8), which provides a definition of the term "comprehensive." The second is from Volume 17, Number 33 of the Florida Administrative Weekly at page 3711, adding subparagraphs (9), (10), and (11) to Rule 21GG-5.001, definitions for the terms "specialized training", "education", and "experience". At the end of the hearing both parties waived the opportunity to file proposed recommended orders. The transcript of the proceeding was filed on October 24, 1991.

FINDINGS OF FACT

1. Douglas H. Gunter is a 34-year-old applicant for the unlimited electrical contractor's examination. He attended Gulf High School in New Port Richey, Florida, and took classes at Austin Community College in Austin, Texas. His college classes included courses in Business Math, Principles of Management, Principles of Microeconomics, Mathematics of Finance, Principles of Accounting I, Principles of Accounting II, and Individual Income Tax. He earned a total of

   21 semester hours in the Austin Community College system.

   
   

2. From 1972 to 1975 Mr. Gunter worked as a residential electrician. From 1975 through 1979 he was enlisted in the U.S. Navy. He completed the Navy electronics and basic electricity school, and the aviation electrician's mate school and an aviation electrician organizational maintenance course. From October 1976 through July 1979, he was assigned to the electrical instrument branch of a Naval maintenance department, where he was responsible for performing scheduled and unscheduled maintenance on U.S. Navy aircraft as an aircraft electrician.

   
   

3. After leaving the Navy he managed all phases of his family's plumbing business, George Gunter Plumbing, Inc., which is State-certified plumbing contractor #CFC040002, from 1979 to 1983. His management duties included estimating, payroll, handling workers' compensation insurance, taxes and the ordering of supplies for jobs in both residential and commercial plumbing.

   
   

4. Mr. Gunter possesses an electrical contractors' license in Palm Beach County, #V-16057, where he has been active as an electrical contractor for approximately three months. He also holds an electrical contractors license in Pasco County which he received in 1984, #3277, but which became inactive soon thereafter. It was briefly reactivated last year.

   
   

5. Mr. Gunter has been engaged in electrical work for a number of companies from 1985 through the present. These included such things as the installation of a Switch Gear Computer system and energy management system in a 20,000 square foot office building in Austin, Texas; installation of panel boards and outside lighting and fire alarm system in a restaurant/office complex in Boca Raton, Florida; installation of kitchen equipment, a laundry and boiler room and controls for lighting in a Marriott Hotel; electrical work in a restaurant in Coral Springs, Florida; in a shopping center in Plantation, Florida; at an oil lube center in Margate, Florida; and a commercial jewelry store in Hollywood, Florida. The Board is satisfied that Mr. Gunter has adequate technical or field experience as an electrician (Tr. 28). The denial letter from the Board focused on whether Mr. Gunter had three years of responsible management experience or six years comprehensive, specialized training, education or experience associated with an electrical contracting business.

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over this matter. Section 120.57(1), Florida Statutes.

   
   

7. To qualify to sit for the examination as an unlimited electrical contractor, a person must be 18 years of age and of good moral character. Section 489.511(2)(a) and (b) Florida Statutes (1989). In addition, he must meet one of the following three criteria:

   
   

   1. Have three years proven management exper- ience in the trade, or equivalent education, but education may substitute for only one half of the experience requirement;

   2. Have six years of comprehensive, special- ized training education or experience associated with an electrical contracting business; or

   3. Be licensed as a professional engineer for three years. Section 489.511(2)(c)1.2.3., Florida Statutes (1989). There is no question here that Mr. Gunter is of age, and is of good moral character.

      
      

8. The first criterion of three years proven management experience in the trade is rather narrow. It does not focus on technical competence as an electrician, but on management experience in the electrical contracting business. This includes such matters as job estimating, payroll, taxes, insurance, and other matters inherent in managing an electrical contracting business. Competence as an electrician is gauged by the examination. While Mr. Gunter has substantial management experience in a plumbing contracting business, the wording of the statute does not make experience fungible between trades such as plumbing and electrical contracting. Mr. Gunter's management experience at George Gunter Plumbing, Inc., from 1979 to 1983 will not satisfy this statutory criterion. Similarly, his academic work qualifies for only one of the three years of experience the statute calls for.

   
   

9. The second criterion is that the applicant have six years of comprehensive, specialized training, education or experience associated with an electrical contracting business. Again, the management experience with George Gunter Plumbing Inc., may be useful, but does not satisfy the statute, which requires that the experience "be associated with an electrical or alarm system contracting business." The Board has recently published rules defining "specialized training", proposed Rule 21GG-5.001(9), Florida Administrative Code. Under that rule, specialized training means:

   
   

   instruction specific to an area or areas of the electrical or alarm trade provided by governmental or private organizations for the purpose of preparing the individual instructed to provide a service to the instructing entity.

   
   

   Mr. Gunter's training with the U.S. Navy was specific instruction in the electrical trade which was provided by the government for the purpose of preparing Mr. Gunter to provide a service to the U.S. Navy, and would appear at first to qualify as specialized training. Unfortunately, specialized training also must be "associated with an electrical or alarm system contracting

   business" Section 489.511(2)(c)2., Florida Statutes (1989). The Naval electronics training and experience do not qualify under the statute.

   
   

10. Mr. Gunter's educational background has provided him with something less than a full academic year of credit (i.e., 21 semester hours). By rounding this to approximately one year of education, Mr. Gunter meets one year of the six years required.

    
    

11. "Experience" as used in Section 489.511(2)(c)2., Florida Statutes, has been defined in proposed rule 21GG-5.001(11) has "informal exposure to the trade wherein knowledge and skill is obtained by a direct observation or participation." Mr. Gunter's application shows substantial experience in electrical contracting work from 1986 - 1991 and the Board does not dispute the quality of his technical background or experience as a electrician. Mr. Gunter has this six years of experience. It is not, however, "comprehensive" experience because it does not include management experience in electrical contracting.

    
    

12. The statutory language of Section 489.511(2)(c)2., is somewhat opaque, because it speaks of six years of "comprehensive, specialized training, education or experience." Comprehensive experience implies broad experience, the Board has interpreted that term similarly in Rule 21GG-5.001(8), as "skill, knowledge and experience covering all areas of contracting," including management. On the other hand, specialized training implies narrowly focused training, the opposite of what is implied by the word "comprehensive." The Board has defined "specialized training" in Rule 21GG-5.001(9) as quoted on the previous page, as training provided to a person by the government for use in government employment or by private organization for use in working for that private organization. Mr. Gunter's training might be characterized as comprehensive because he has technical experience as an electrician, has extensive experience in electronics systems in aircraft, as well as extensive management experience from plumbing contracting. The Board's definition of "comprehensive" found in Rule 21GG-5.001(8) is not limited by its terms to experience covering all areas of electrical contracting. This limitation may be logically inferred, however. The statuted implemented by the rules requires comprehensive, specialized training, education or experience associated with an electrical contracting business. Section 489.51(2)(c)2., Florida Statutes (1989). Taken together, the evidence fails to demonstrate that Mr. Gunter meets all of the criteria to be eligible for the certification examination. He is more than 18 years of age, and there is no reason to doubt his good moral character, He does not have at least six years of comprehensive, specialized training education or experience associated with an electrical contracting business through his training and experience in the U.S. Navy, his management experience in plumbing contracting, and his academic experience through course work at the Austin Community College system. His work in the electrical contracting trade outlined in his application does not include management experience as an electrical contractor. As a result, the application of Mr. Gunter for certification to take the examination as an unlimited electrical contractor should be denied.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be entered by the Electrical Contractors Licensing Board denying the application of Douglas H. Gunter to sit for the examination as an unlimited electrical contractor.

RECOMMENDED this 18th day of December, 1991, at Tallahassee, Florida.

WILLIAM R. DORSEY, JR.

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 18th day of December, 1991.

COPIES FURNISHED:

Douglas H. Gunter 600 East River Drive

Margate, Florida 33063

Clark R. Jennings, Esquire Department of Legal Affairs The Capitol

Tallahassee, Florida 32399-1050

Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Daniel O'Brien, Executive Director Department of Professional Regulation Electrical Contractors Licensing Board 1940 North Monroe Street

Tallahassee, Florida 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: 91-005323

Orders for Case No: 91-005323