STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DR. MICHELE WORTHY, )

)

Petitioner, )

)

vs. ) Case No. 97-1945

)

DEPARTMENT OF HEALTH, )

BOARD OF DENTISTRY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on November 19, 1997, by video teleconference at sites in Miami and Tallahassee, Florida, before Stuart M. Lerner, a duly designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Kim A. Kellum, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building Three Tallahassee, Florida 32308-5403

STATEMENT OF THE ISSUE

Whether Petitioner's challenge to the grades she received on certain portions of the clinical examination administered in December 1996 (to applicants for licensure as a dentist) should be sustained.

PRELIMINARY STATEMENT

By letter dated March 24, 1997 (hereinafter referred to as "Petitioner's Examination Challenge"), Petitioner, an applicant for licensure as a dentist, "request[ed] an administrative hearing to challenge the results of the December 1996 dental boards." On April 23, 1997, the matter was referred to the Division of Administrative Hearings for the assignment of an Administrative Law Judge to conduct the hearing Petitioner had requested.

The hearing was originally scheduled for August 22, 1997, but was continued at Petitioner's request and rescheduled for November 19, 1997. The parties were given notice of the rescheduled hearing in accordance with Section 120.569(2)(b), Florida Statutes.

Petitioner failed to make an appearance at the hearing either in person or through an attorney or other representative. As a consequence, no evidence was presented on her behalf. In view of Petitioner's nonappearance and her failure to offer any evidence in support of her Examination Challenge, the undersigned indicated that he would recommend dismissal of the Examination Challenge. The hearing was then concluded.

FINDINGS OF FACT

1. Because no evidence was offered at the final hearing held in this case, the undersigned is unable to make any findings of fact relating to the merits of Petitioner's Examination Challenge.

   
   

   CONCLUSIONS OF LAW

   
   

2. Petitioner had the burden (at the final hearing) to establish by a preponderance of the evidence that the clinical procedures she performed (as part of the December 1996 licensure examination) were erroneously or improperly graded, as she had alleged in her Examination Challenge. See Harac v. Department of Professional Regulation, Board of Architecture, 484 So. 2d 1333, 1338 (Fla. 3d DCA 1986); Florida Department of Transportation v. J.W.C. Company, Inc., 396 So. 2d 778, 788 (Fla. 1st DCA 1981); Florida Department of Health and Rehabilitative Services v. Career Service Commission, 289 So. 2d 412, 414 (Fla. 4th DCA 1974).

3. Petitioner did not make an appearance at the final hearing and therefore offered no such proof.

4. Inasmuch as Petitioner has failed to meet her burden of proving the allegations made in her Examination Challenge, said Examination Challenge should be dismissed.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that the Department of Health, Board of

Dentistry, issue a Final Order dismissing Petitioner's Examination Challenge.

DONE AND ENTERED this 20th day of November, 1997, in Tallahassee, Leon County, Florida.

STUART M. LERNER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 1997.

COPIES FURNISHED:

Dr. Michele E. Worthy, pro se 7501 East Treasure Drive Apartment 6-L

North Bay Village, Florida 33141

Kim A. Kellum, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building Three Tallahassee, Florida 32308-5403

William Buckhalt, Executive Director Department of Health, Board of Dentistry Northwood Centre

1940 North Monroe Street Tallahassee, Florida 32399-0765

Angela T. Hall, Agency Clerk Department of Health

1317 Winewood Boulevard, Building Six Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 97-001945

Orders for Case No: 97-001945