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
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 not arbitrary or capricious. Contract should be awarded to Intervenor.
More
01002717_282_10172019_15144469_e' ••
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
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.
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
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.
The Administrative Law Judge's conc lusion s ot law are hereby nppro v ed, adopted and inc orporat ed herein.
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.
|