STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BARBARA WOOLEY AND WALLACE WOOLEY,

Petitioners,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

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) Case No. 01-3168

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RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice this cause came on for formal hearing before P. Michael Ruff, duly-designated Administrative Law Judge, on February 11, 2002, in Pensacola, Florida. The appearances were as follows:

APPEARANCES

For Petitioners: R. John Westberry, Esquire

Holt & Westberry

1108-A North 12th Avenue Pensacola, Florida 32501

For Respondent: Eric D. Schurger, Esquire

Department of Children and Family Services

160 Governmental Center, Suite 601 Pensacola, Florida 32501

PRELIMINARY STATEMENT

This matter arose from a denial letter issued July 13, 2001, by the Department of Children and Family Services (Department), the Respondent herein. That letter expressed the Department's intent to deny a renewal of Petitioner's foster care license. They timely sought an administrative proceeding to contest that denial and the subject proceeding and hearing ensued.

The cause came on for hearing as noticed. Upon convening the hearing and after a brief conference between the parties, the parties jointly announced a stipulation on the record in settlement of all their disputes of material fact and law. The parties thus agreed that the Department would rescind its charging letter of July 13, 2001, and would send another letter to the Petitioners permitting them to voluntarily relinquish their foster care license. The Petitioners in turn would agree not to re-apply for another license with the Department of Children and Family Services or with any of its contracting agencies. That being the case, the parties agreed that there no longer remained any disputed material fact justifying the exercise of the jurisdiction of this forum. Consequently, the case can be closed and dismissed from the jurisdiction of the Division of Administrative Hearings.

Accordingly, given the foregoing facts and stipulation, there is no longer any dispute of material fact to invoke jurisdiction under Sections 120.569 and 120.57, Florida Statutes. Therefore, it is

RECOMMENDED that a final order be entered incorporating the above-referenced stipulations and dismissing the petition.

DONE AND ENTERED this 12th day of March, 2002, in Tallahassee, Leon County, Florida.

P. MICHAEL RUFF Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with Clerk of the

Division of Administrative Hearings this 12th day of March, 2002.

COPIES FURNISHED:

Eric D. Schurger, Esquire

Department of Children and Family Services

160 Governmental Center, Suite 601 Pensacola, Florida 32501

R. John Westberry, Esquire Holt & Westberry

1108-A North 12th Avenue Pensacola, Florida 32501

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: 01-003168

Orders for Case No: 01-003168