STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ETSOL P. ROBERTS, JR., )

)

Petitioner, )

)

vs. ) CASE No. 92-0204

) STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL REGULATION, )

)

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on April 3, 1992, in Lakeland, Florida.

APPEARANCES

For Petitioner: Etsol P. Roberts, Jr., pro se

815 14th Street, N.E. Winter Haven, Florida 33881

For Respondent: Cynthia K. Christen, Esquire

Assistant General Counsel

Dept. of Environmental Regulation 2600 Blairstone Road

Tallahassee, Florida 32399 2400 STATEMENT OF THE ISSUES

Whether or not Petitioner met the criteria to be certified as a Class B waste water treatment plant operator.

PRELIMINARY STATEMENT

Petitioner is an applicant for a Class B waste water treatment plant operator. By letter dated December 18, 1991, Respondent, Department of Environmental Regulation, advised Petitioner that his application for a waste water treatment plant

operator certification did not satisfy the "constructive experience" requirement because to be awarded constructive experience, an applicant must show successful completion of each

academic year of college with a major in science or engineering. Upon such demonstration, an applicant is given twelve months of credit (up to 48 months) or alternatively a transcript from the college which shows a passing grade in college algebra, biology, chemistry or business statistics is necessary to obtain credit for those courses. Since Petitioner did not show that he majored

in science or engineering and no transcript was provided with his transcript, at the time of his application in September 1991, Petitioner was 10.4 months short of the necessary 96 total months minimum requirement. Petitioner was also advised that for each month of full-time employment as a Class C operator, such employment is credited and if Petitioner was so employed as a certified operator he would have another four months, leaving approximately 6.4 months remaining from the required requirements. Finally, Petitioner was advised that if he

provided a transcript, it may be possible to obtain the required credit for the Class B certification. Petitioner requested a formal hearing and the matter was thereafter transferred to the Division of Administrative Hearings for the assignment of a Hearing Officer.

At the hearing, Petitioner testified on his behalf and Respondent presented the testimony of Helen Setchfield, an Employer in Respondent's operator certification section.

FINDINGS OF FACT

1. Petitioner's application for a Class B waste water treatment plant operator was received by Respondent on September 20, 1991. Ms. Setchfield who is in charge of reviewing and approving and/or denying all applications, reviewed Petitioner's application.

   
   

2. Based on the documentary evidence submitted by Petitioner, he was given constructive credit for 58 months and actual credits received was 27.6 months for a total credit time of 85.6 months.

   
   

3. To receive credit for educational experience, an applicant must demonstrate that his major area of study is in science or biology. Alternatively, an applicant may receive credit provided he furnish Respondent a transcript which would delineate the areas of his studies he successfully completed and the credits received. However, in such instances, an applicant only receives partial credit.

   
   

4. Petitioner has been advised (by Respondent) that if

   he furnish a copy of his transcript, it will be reviewed and if it demonstrates that he is entitled to credit for courses he successfully completed, he would be awarded such credit.

   
   

5. Petitioner steadfastly refuses to provide a transcript to Respondent. To be eligible for certification as a Class B waste water treatment plant operator, an applicant must demonstrate, at minimum, that he/she has the required minimum of

   96 months total creditable time.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this action pursuant to Section 120.57(1), Florida Statutes.

7. Section 17-602.300, Florida Administrative Code, sets forth the qualifications for certification for water and

wastewater treatment operators. That rule provides, in pertinent part, that for certification as a Class B waste water treatment plant operator, the applicant shall demonstrate that he is at least 18 years old and document at least three (3) years of actual or recognized constructive experience as herein scheduled which shall include at least one (1) year of actual experience in the operation, supervision and maintenance or either a drinking water or domestic wastewater treatment plant, as appropriate.

The applicant must also document successful completion of an approved training course as specified in Rule 17-602.300(9), Florida Administrative Code and pass, to the satisfaction of the Department, an examination as provided for in Rule 17-602.320, Florida Administrative Code, as well as: document at least eight

(8) years of actual or recognized constructive experience as herein scheduled which shall include at least two (2) years of actual experience in the operation, supervision and maintenance of either a drinking water or domestic waste water treatment plant as appropriate.

3. Petitioner has satisfied all of the requirements

for a Class B waste water treatment plant operator except the necessary total time credit which at the time of his application, he was 10.4 hours short. He failed to demonstrate that he is entitled to additional credit despite the fact that he may well be, if he furnishes the Department a copy of his transcript.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that:

Respondent enter a Final Order denying Petitioner's application for certification as a Class B waste water treatment plant operator, as he has failed to satisfy the minimum total time requirement for such certification. 1/

DONE and ENTERED this 29th Tallahassee, Leon County, Florida.

day of May, 1992, in

JAMES E. BRADWELL

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 29th day of May, 1992.

ENDNOTES

1/ This recommendation does not prevent Petitioner from again presenting his transcript to Respondent for review in the certification section to determine whether or not he is eligible for credit for courses which he has successfully completed.

COPIES FURNISHED:

CYNTHIA K CHRISTEN ESQ ASSISTANT GENERAL COUNSEL

DEPT OF ENVIRONMENTAL REGULATION 2600 BLAIRSTONE RD

TALLAHASSEE FL 32399 2400

ETSOL P ROBERTS JR 815 14TH ST NE

WINTER HAVEN FL 33881

DANIEL H THOMPSON ESQ GENERAL COUNSEL

DEPT OF ENVIRONMENTAL REGULATION 2600 BLAIRSTONE RD

TALLAHASSEE FL 32399 2400

CAROL BROWNER SECRETARY

DEPT OF ENVIRONMENTAL REGULATION 2600 BLAIRSTONE RD

TALLAHASSEE FL 32399 2400

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: 92-000204

Orders for Case No: 92-000204