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ASSESSMENT SYSTEMS, INC. vs DEPARTMENT OF HEALTH, BOARD OF NURSING, 01-002717BID (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002717BID Visitors: 14
Petitioner: ASSESSMENT SYSTEMS, INC.
Respondent: DEPARTMENT OF HEALTH, BOARD OF NURSING
Judges: HARRY L. HOOPER
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Jul. 11, 2001
Status: Closed
Recommended Order on Friday, September 28, 2001.

Latest Update: Oct. 17, 2019
Summary: Whether the proposed decision of the Department of Health (Department) to award a contract to the Intervenor, Chauncey Group International and Experior Assessments, LLC (Chauncey Group), is contrary to governing statutes, rules, or policies of the Board of Health (Board), or the specifications of RFP-DOH00- 015 (RFP).Petitioner protested intent to award contract by Respondent. Held: decision to award bid to Intervenor was not contrary to statute rule, policy, or Request for Proposal, and was no
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01002717_282_10172019_15144469_e

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STATE OF FLORID A


·PiRal Order No. DOH-01-1984-- F-!\.1,Q6

FILED DATE-

Dcpartm:ni"oTTbl1b


SSESSMEN T SYSTEMS, I C.

BOARD OF NURSING

B) · : l) . (2-..

Deputy Agency Clerk


o'.:'


Petitioner,


vs.


OEPARTMENT OF HEA LTH, BOARD OF NURSING

DOAH Case No. 01-2717BI0


Respondent.


and


CHAUNCY GROUP INTER NATIONAL ANO EXPER I OR ASSESSMENTS, LLC.,


Interv enor


FINAL ORDER


THIS MATTER came before the Board of Nursing (hereinafter "the Board") for fina l action pursuan. rn Section 120.57( 1) and (3), Florida St a-: u t es. at a duly­ noticed public conference call meet ing held on November 8, 2001, for the purpose of considering the Recommended Order issued by the Adm inist rativ e Law Judge in the ab ove-sty led case. The Pet it ioner was re pres ent ed by Pau R. Ezatoff. Esq., the Respondent was represented by William Large, General Counsel to the Department

of Health, and the Intervenor was represented by Wendy R. Weiner, Esq.


After a review of the complete record in this matter, including considerat i on of the Adm in istrative Law Judge's Recommended Order, a copy of which is attached hereto as Exh ibit A, except ions fi led by the Petitioner , responses to the


https: //do hmqa3 l .irna geap i. com/axiompro iewer/viewerN ie wDocument?do cumentld=2l 362538&... 10/16/2019

Filed October 17, 2019 3:14 PM Division of Administrative Hearings



except ions, and the arguments of each party, the Board makes the following findings and conclusions:

EXCEPTIONS


1. The Petitioner' s Exceptions to the Administrativ e Law Judge' s Recommended Order are hereb y rej ect ed in total.

FINDINGS OF FACT


  1. The Administrat ive Law Judge' s finding s of fact are hereby approved, adop t ed, and incorporat ed here in and Petit ione r' s Mot ion for Rem and is denied.

  2. There is compete nt, subs t antial evidence to support th e Adm ini strativ e La'!v Judge's findings of fact as adopted by the Board .

CONCLUSIONS OF LAW


  1. The Board has jurisdictio r1 over this matter pursuant t o the provi sior1s o" Sections 1 20 .57(1) and (3) and 464.202, Florida Statutes.

  2. The Administrative Law Judge's conc lusion s ot law are hereby nppro v ed, adopted and inc orporat ed herein.

  3. There is competent substantial evidence to support the Board's fin dings and conclusion s.

IT IS THEREFORE ORDERED AND ADJ UDGED:


The contract to provided certi fied nursin g assistant testing servic es, pursuant to RFP-DOH0 0 -0 1 5, is hereby awarded to CHAUN CY GROUP INTE RNA TIONAL AND EXPERIOR ASSESSMENTS, LLC.


2



This Final Order shall become effective upon filing with the clerk of the


Department of Health.

DONE AND ORDERED this JJih day of }M..., , 2001.


BOARD OF NURSING


RUTH R. STIEHL, Ph.D., R.N.

Executive Director


NOTICE OF RIG HT TO JUDICIAL REVIEW UNLESS W AIVED


Pur suant to Section 120.569, Florida Statutes, any substantially aff ected person is hereby notified that they may appeal th is Fin al Order by filing one copy of

::i Notice of Appeal with the clerk of the Departm ent of Health and by tiling the filing fee and one copy of the Notice of Appeal with the Distric-c Court of Appeal within 30 days of the date this Final Order is fil ed.


3


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a tr ue and correct copy of the foregoing has been furnished by U. S. Mail t o Paul R. Ezatoff . Esq ., Kat z, Kutter, Haigler, Ald erman,

h

Bryant, & Yon, P.A., 106 East College Avenue, 121 Floor, Post Off ice Box 1877,


Tallahassee, Florida 3 230 2-18 77 ; Wendy R. Wiener, Esq., Mang Law Firm, P.A., 660 East Jefferso n Street, Tallahassee, Florida 32302; William W. Large, General Counsel, Department of Health, Office of the General Counse l, 4052 Bald Cypress Way, Bin # A0 2, Tallahassee, Florida 3 239 9-170 3; Harry L. Hooper, Administrative Law Judge, Division of Administrati ve Hearings, 1230 Apal achec Parkw ay, Tn!lahassee FL 3 2399 -1 55 0 on this _ _ day of _ _ _ _ _ _ , 2001 .


F:IUS ERSI ADMINIED_T\ BONIAS!lina loru e r. w pd


4


Docket for Case No: 01-002717BID
Issue Date Proceedings
Oct. 17, 2019 Agency Final Order filed.
Oct. 18, 2001 Chaucey-Experior`s Response to ASI`s Exceptions to Recommended Order and Motion for Remand filed.
Sep. 28, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Sep. 28, 2001 Recommended Order issued (hearing held August 24, 2001) CASE CLOSED.
Sep. 20, 2001 Proposed Recommended Order (filed by Resondent via facsimile).
Sep. 20, 2001 Proposed Recommended Order filed by Intervenor.
Sep. 20, 2001 ASI`s Proposed Recommended Order filed.
Sep. 10, 2001 Transcript filed, Volumes 1 and 2.
Aug. 29, 2001 Department of Health`s Notice of Filing Original Signature Page of William W. Large to the Joint Prehearing Stipulation filed.
Aug. 24, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Aug. 24, 2001 Notice of Filing Original Signature Page of Wendy Weiner to the Joint Prehearing Stipulation (filed by Petitioner via facsimile).
Aug. 23, 2001 Notice of Filing Depositions (of David Paulson and Rosemary Erwin) filed.
Aug. 23, 2001 Department of Health`s Response to Assessment Systems Inc.`s Second Interrogatories to Department of Health filed.
Aug. 23, 2001 Deposition of Eunice Filar filed.
Aug. 23, 2001 Notice of Filing Deposition and Answers to Second Interrogatories filed by Petitioner.
Aug. 22, 2001 Joint Prehearing Stipulation filed.
Aug. 22, 2001 Notice of Filing Deposition Transcript of Richard M. Soule filed.
Aug. 21, 2001 Department of Health`s Response to Assessment Systems Inc.`s Second Request for Production of Documents to Department of Health (filed via facsimile).
Aug. 21, 2001 Department of Health`s Response to Assessment Systems Inc.`s Second Interrogatories to Department of Health (filed via facsimile).
Aug. 21, 2001 Department of Health`s Notice of Service of Response to Assessment System Inc.`s Second Set of Interrogatories to Department of Health (filed via facsimile).
Aug. 21, 2001 Chauncey-Experior`s Resonse to ASI`s Second Requests for Production to Chauncey Group International and Experior Assessments, Inc. filed.
Aug. 20, 2001 ASI`s Notice of Taking Telephonic Deposition of Chauncey Group filed.
Aug. 20, 2001 ASI`s Amended Notice of Taking Telephonic Deposition of Chauncey Group filed.
Aug. 17, 2001 Department of Health`s Response to Assessment Systems Inc.`s Motion for Summary Judgment or Motion to Remand to the Board of Nursing (filed via facsimile).
Aug. 17, 2001 Chauncey-Experior`s Response to ASI`s Motion for Summary Recommended Order or Motion to Remand to the Board of Nursing filed.
Aug. 16, 2001 Notice of Taking Telephonic Deposition 2 filed.
Aug. 15, 2001 Assessment Systems Inc.`s Second Request for Production of Documents to Chauncey Group International filed.
Aug. 15, 2001 Assessment Systems Inc.`s Second Request for Production of Documents to Department of Health filed.
Aug. 15, 2001 Assessment Systems Inc.`s Second Request for Production of Documents to Experior Assessments, LLC filed.
Aug. 15, 2001 Certificate of Service of Assessment Systems, Inc.`s First Interrogatories to Department of Health filed.
Aug. 15, 2001 ASI`s Request for Oral Argument on Motion for Summary Recommended Order on Motion to Remand to the Board of Nursing filed.
Aug. 13, 2001 Department of Health`s Response to Assessment Systems Inc.`s First Interrogatories to Department of Health filed.
Aug. 13, 2001 Department of Health`s Notice of Service of Response to Assessment Systems Inc.`s First Set of Interrogatories to Department of Health filed.
Aug. 10, 2001 ASI`s Motion for Summary Recommended Order or Motion to Remand to the Board of Nursing filed.
Aug. 10, 2001 Notice of Filing Answers to ASI`s First Interrogatories filed.
Aug. 09, 2001 Department of Health`s Notice of Designation in Response to Assessment Systems Inc.`s Notice of Taking Depositions to Department of Health filed.
Aug. 07, 2001 Experior`s Notice of Taking Deposition of Corporate Representative for Assessment Systems, Inc. filed.
Aug. 07, 2001 ASI`s Notice of Taking Deposition of Department of Health filed.
Aug. 07, 2001 Notice of Taking Deposition J. Brewer, J. Trujillo filed.
Aug. 01, 2001 Department of Health`s Response to Assessment Systems Inc.`s First Request for Production of Documents to Department of Health filed.
Aug. 01, 2001 Department of Health`s Response to ASI`s First Requests for Admissions to Department of Health filed.
Aug. 01, 2001 Department of Health`s Notice of Service of Response to Assessment systems Inc.`s First Set of Interrogatories to Department of Health filed.
Aug. 01, 2001 Notice of Taking Deposition E. Filar, J. Brewer, J. Trujillo, B. Hurley, R. Bassett, C. O`Donoghue, C. Harris, R. Erwin filed.
Aug. 01, 2001 ASI`s Notice of Taking Deposition of Department of Health filed.
Aug. 01, 2001 Amended Notice of Objection to Discovery (filed by Intervenor via facsimile).
Jul. 31, 2001 Chauncey-Experior`s Notice of Service of Responses to ASI`s First Set of Interrogatories to Chauncey Group International and Experior Assessments, Inc. filed.
Jul. 31, 2001 Chauncey-Experior`s Response to ASI`s First Request for Admissions to Chauncey Group International and Experior Assessments, Inc. filed.
Jul. 31, 2001 Chauncey-Experior`s Response to ASI`s First Requests for Production to Chauncey Group International and Experior Assessments, Inc. filed.
Jul. 31, 2001 Assessment Systems Inc.`s Response to Chauncey-Experior`s First Request for Production filed.
Jul. 31, 2001 Certificate of Service of ASI`s Answers and Objections to Chauncey-Experior`s First Interrogatories filed by Petitioner
Jul. 30, 2001 Notice of Objections to Discovery filed by W. Wiener
Jul. 25, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 24, 2001; 9:00 a.m.; Tallahassee, FL).
Jul. 24, 2001 Notice of Service of Chauncey-Experior`s First Set of Interrogatories to Assessment Systems, Inc. (filed via facsimile).
Jul. 24, 2001 Chauncey-Experior`s Request for Production of Documents to Assessment systems, Inc. (filed via facsimile).
Jul. 23, 2001 Agreed Motion to Reschedule Hearing filed.
Jul. 20, 2001 Assessment Systems Inc.`s First Request for Production of Documents to Chauncey Group International filed.
Jul. 20, 2001 Certificate of Service of Assessment Systems, Inc.`s First Interrogatories to Chauncey Group International filed by Petitioner
Jul. 20, 2001 ASI`s First Requests for Admissions to Experior Assessments, LLC filed.
Jul. 20, 2001 ASI`s First Requests for Admissions to Chauncey Group International filed.
Jul. 20, 2001 Certificate of Service of Assessment Systems, Inc.`s First Interrogatories to Experior Assessments, LLC filed by Petitioner
Jul. 20, 2001 Assessment Systems Inc.`s First Request for Production of Documents to Experior Assessments, LLC filed.
Jul. 20, 2001 Assessment Systems Inc.`s First Request for Production of Documents to Department of Health filed.
Jul. 20, 2001 ASI`s First Requests for Admissions to Department of Health filed.
Jul. 20, 2001 Certificate of Service of Assessment Systems, Inc.`s First Interrogatories to Department of Health filed by Petitioner
Jul. 17, 2001 Letter to J. Canfield from W. Wiener regarding available dates to conduct the final hearing (filed via facsimile).
Jul. 16, 2001 Order of Pre-hearing Instructions issued.
Jul. 16, 2001 Notice of Hearing issued (hearing set for August 9, 2001; 9:30 a.m.; Tallahassee, FL).
Jul. 11, 2001 ASI`s Formal Written Protest and Petition for Formal Administrative Hearing filed.
Jul. 11, 2001 Notice (of Agency referral) filed.

Orders for Case No: 01-002717BID
Issue Date Document Summary
Sep. 28, 2001 Recommended Order Petitioner protested intent to award contract by Respondent. Held: decision to award bid to Intervenor was not contrary to statute rule, policy, or Request for Proposal, and was not arbitrary or capricious. Contract should be awarded to Intervenor.
Source:  Florida - Division of Administrative Hearings

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