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CHUCK PERENY vs DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHALL, 01-000845 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000845 Visitors: 23
Petitioner: CHUCK PERENY
Respondent: DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHALL
Judges: MICHAEL M. PARRISH
Agency: Department of Financial Services
Locations: Fort Lauderdale, Florida
Filed: Mar. 01, 2001
Status: Closed
Recommended Order on Monday, June 25, 2001.

Latest Update: Sep. 11, 2001
Summary: A bachelor`s degree with a major in advertising did not meet any of the statutory criteria for firefighter supplemental compensation under Section 633.382, Florida Statutes.
Sb et aad: FILED i SEP 10 2001 Ar TREASURES anid Net X ey. THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE OF0 B46 IN THE MATTER OF: | mmp- Clysed DOI CASE NO. 40265- Oi -FM B TOM GALLAGHER CHUCK PERENY FINAL ORDER THIS CAUSE came on before the undersigned Treasurer of the State of Florida, acting in — his capacity as State Fire Marshal, for consideration and final agency action. On January 18, 2001, the Department issued a letter denying the Petitioner’s application for entry into the Firefighters Supplemental Compensation Program alleging that the Petitioner failed to meet the qualification for the Program. Petitioner timely filed a request for a formal proceeding pursuant to Section 120.57(1), Florida Statutes. Pursuant to notice, the matter was considered by the Honorable Michael M. Parrish, Administrative Law Judge, Division of Administrative Hearings oe on May 8, 2001 by video teleconference in Ft. Lauderdale, Florida. Fe sey greece . After consideration of the evidence and the written submissions by the parties, the Administrative | Law / Judge issued his Recommended Order. (A true and.correct copy is attached...» - as Exhibit A). The Administrative Law Judge recommended that the Department enter a Final a Order denying ‘the Petitioner S$ application for Supplemental Compensation Benefits. Neither party filed exceptions. Therefore, upon careful consideration of the entire © record and being fully advised it in nthe premises i it is is hereby ORDERED: fee MERE EL 1. The Findings of Fact of the Administrative Law iudge a are adopted in full as the Department’s Findings of Fact. 2. The Conclusions of Law of the Administrative Law Judge are adopted in full as the Department’s Conclusions of Law. 3. The Administrative Law Judge’s recommendation that the application filed by Chuck Pereny be denied is approved and accepted as being the appropriate disposition of this case. ACCORDINGLY, Petitioner’s application for entry in the Firefighter Supplemental Compensation Program is hereby DENIED. NOTICE OF RIGHTS Any party to these proceedings adversely affected by this Order i is entitled to seck review deicadinwteses | of the Order pursuant to Section 120. 68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or Notice of Appeal with the General Counsel, acting as the Agency Clerk, at 200 East Gaines Street, 7 . Tallahassee, Florida 32399. 9-0333, and a copy of the same and the filing fee with the appropriate anit poe eneT RreReert District Court of Appeal within thirty (0) sek of the rendition of this Order. fen ce COPIES FURNISHED TO: HONORABLE MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 CHUCK PERENY (CERTIFIED MAIL) 259 Northwest 90" Aye, Coral Springs, FL 33071 ELENITA GOMEZ, ESQUIRE Department of Insurance Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Negal\attys\FredrickimaysFO.doc eid ehecnnmnneesesta ccc. Mi

Docket for Case No: 01-000845
Issue Date Proceedings
Sep. 11, 2001 Final Order filed.
Jul. 09, 2001 Exception to Recommended Order (filed by Petitioner via facsimile).
Jun. 25, 2001 Recommended Order issued (hearing held May 8, 2001) CASE CLOSED.
Jun. 25, 2001 Respondent`s Motion to Strike Petitioner`s Proposed Recommended Order (filed via facsimile).
Jun. 25, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jun. 20, 2001 (Proposed) Recommended Order (filed by Petitioner via facsimile).
Jun. 18, 2001 Respondent`s Proposed Recommended Order (filed via facsimile).
May 31, 2001 Transcript Pages 106-114 filed.
May 29, 2001 Transcript (with Exhibits) filed.
May 08, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
May 04, 2001 Department`s Proposed Exhibits filed.
May 01, 2001 Order on Several Matters issued.
Apr. 30, 2001 Letter to M. Parish from J. Morrison (regarding inability to contact Petitioner) filed via facsimile.
Apr. 30, 2001 Respondent`s Motion for Protective Order (filed via facsimile).
Apr. 30, 2001 Notice of Filing Respondents to Petitioner`s First Set of Interrogatories and Supplemental Set of Interrogatories (filed via facsimile).
Apr. 27, 2001 Respondent`s Response to Petitioner`s Motion to Continue (filed via facsimile).
Apr. 27, 2001 Respondent`s Response to Petitoner`s Motion to Compel (filed via facsimile).
Apr. 27, 2001 Amended Notice of Video Teleconference issued. (hearing scheduled for May 8, 2001; 1:00 p.m.; Fort Lauderdale and Tallahassee, FL, amended as to video and location).
Apr. 24, 2001 Order on Several Matters issued.
Apr. 24, 2001 Motion to Compel (filed by Petitioner via facsimile)
Apr. 24, 2001 Motion for Continuance (filed by Petitioner via facsimile).
Apr. 23, 2001 Notice of Appearance as Additional Counsel (filed by E. Gomez via facsimile).
Apr. 20, 2001 Motion to Compel for more Definite Responses to Respondent`s First Set of Interrogatories (filed via facsimile)
Apr. 20, 2001 Respondent`s Motion to Strike Petitioner`s Witness (filed via facsimile).
Apr. 19, 2001 Respondent`s Notice of Response to Petitioner`s Demand for Discovery (filed via facsimile).
Apr. 17, 2001 Respondent`s Response to Petitioner`s Motion for Summary Judgment (filed via facsimile).
Apr. 11, 2001 Petitioner`s Demand for Discovery (filed via facsimile).
Apr. 11, 2001 Amended Petitioner`s Notice of Service of Petitioner`s First Set of Interrogatotries to Respondent (filed via facsimile).
Apr. 11, 2001 Petitioner`s Notice of Service of Petitioner`s First Set of Interrogatories to Respondent (filed via facsimile).
Apr. 11, 2001 Petitioner`s Motion for Summary Judgment (filed via facsimile).
Mar. 20, 2001 Order issued (the First Amended Denial Letter filed with the motion is hereby substituted for the original denial letter).
Mar. 20, 2001 Notice of Hearing issued (hearing set for May 8, 2001; 1:00 p.m.; Fort Lauderdale, FL).
Mar. 12, 2001 Respondent`s Notice of Service of Respondent`s First set of Interrogatories to Petitioner (filed via facsimile).
Mar. 09, 2001 Joint Response to Initial Order (filed via facsimile).
Mar. 06, 2001 Motion for Leave to Amend Denial Letter (filed by Respondent via facsimile).
Mar. 02, 2001 Initial Order issued.
Mar. 01, 2001 Election of Rights (filed via facsimile).
Mar. 01, 2001 Denial for Firefighters Supplemental Compensation (filed via facsimile).
Mar. 01, 2001 Agency referral (filed via facsimile).

Orders for Case No: 01-000845
Issue Date Document Summary
Sep. 10, 2001 Agency Final Order
Jun. 25, 2001 Recommended Order A bachelor`s degree with a major in advertising did not meet any of the statutory criteria for firefighter supplemental compensation under Section 633.382, Florida Statutes.
Source:  Florida - Division of Administrative Hearings

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