STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOSE GONZALEZ, )

)

Petitioner, )

)

vs. ) CASE NO. 96-2188

)

AGENCY FOR HEALTH CARE ) ADMINISTRATION, BOARD OF CLINICAL ) LABORATORY PERSONNEL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on August 19, 1996, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Did not appear and was not

represented

For Respondent: Michael Mone, Esquire

Office of the Attorney General The Capitol-PL-01

Tallahassee, Florida 32399-1050 STATEMENT OF THE ISSUE

The issue presented is whether Petitioner's application for licensure as a clinical laboratory technician should be granted.

PRELIMINARY STATEMENT

By Notice dated November 15, 1995, Respondent advised Petitioner that his application for licensure as a clinical laboratory technician was denied, and Petitioner timely requested a formal hearing regarding that denial. This cause was transferred to the Division of Administrative Hearings on May 8, 1996, to conduct that formal proceeding.

At the commencement of the formal hearing, Respondent withdrew its pending Motion for Relinquishment of Jurisdiction. Additionally, the statements contained in Respondent's Request for Admissions served on Petitioner on June 12, 1996, were deemed admitted due to Petitioner's failure to respond to that Request for Admissions.

FINDINGS OF FACT

1. This cause was scheduled for formal hearing to commence at 9:30 a.m. on August 19, 1996, by Notice of Hearing entered June 7, 1996. Although Respondent appeared for the formal hearing, Petitioner did not and no one appeared on Petitioner's behalf. The hearing was adjourned at 10:25 a.m. To date, Petitioner has made no contact and has filed no document or other pleading regarding Petitioner's failure to appear.

   
   

2. As a result of Petitioner's failure to respond to Respondent's Request for Admissions, the following statements, inter alia, have been deemed admitted:

   
   

   1. Petitioner did not graduate from high school and does not have a graduation equivalency diploma (GED).

   2. Petitioner has not completed a Board- approved school-based ABHES program, a Board-approved laboratory-based training program with 400 hours in the specialty for which Petitioner seeks licensure plus a completed Board-approved general clinical laboratory course, or a medical licensed technician program accredited by CAHEA or CAAHEP or NAACLS.

   3. Petitioner has not completed coursework on HIV/AIDS.

      
      

      CONCLUSIONS OF LAW

      
      

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

   
   

4. Section 483.823, Florida Statutes, authorizes the Board of Clinical Laboratory Personnel to prescribe the minimum qualifications for clinical laboratory personnel. Pursuant thereto, the Board has promulgated Rule 59O- 5.004, Florida Administrative Code, which sets forth, inter alia, the minimum requirements of education and training for clinical laboratory technicians. Subsection (1) prescribes as the minimum educational level a high school diploma or its equivalent. Petitioner admits, pursuant to the Request for Admissions, that Petitioner does not meet the minimum educational requirements.

   
   

5. Subsection (2) of that Rule prescribes the several options for acceptable training programs and the acceptable accrediting entities for such programs. Petitioner admits, pursuant to the Request for Admissions, that Petitioner does not meet the minimum training requirements.

   
   

6. Rule 59O-6.003(4), Florida Administrative Code, requires all applicants for licensure to submit evidence of completion of a course on HIV/AIDS. Petitioner admits, pursuant to the Request for Admissions, that Petitioner has not taken such a course.

   
   

7. It is axiomatic that Petitioner bears the burden of proving entitlement to licensure. By failing to present any evidence, Petitioner has failed to meet that burden. On the other hand, although not required to do so, Respondent has presented competent, substantial evidence to show that Petitioner is not entitled to licensure.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Petitioner's application

for licensure as a clinical laboratory technician.

DONE and ENTERED this 23rd day of September, 1996, at Tallahassee, Leon County, Florida.

LINDA M. RIGOT, 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 23rd day of September, 1996.

COPIES FURNISHED:

Diane Orcutt, Executive Director Agency for Health Care Administration Board of Clinical Laboratory Personnel 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Mr. Jose N. Gonzalez

12820 Southwest 43rd Drive Apartment 232D

Miami, Florida 33175

Michael Mone, Esquire

Office of the Attorney General The Capitol PL-01

Tallahassee, Florida 32399-1050

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: 96-002188

Orders for Case No: 96-002188