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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE vs ADEL N. ASSAD, D.V.M., 02-004130PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-004130PL Visitors: 21
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE
Respondent: ADEL N. ASSAD, D.V.M.
Judges: STEPHEN F. DEAN
Agency: Department of Business and Professional Regulation
Locations: Ocala, Florida
Filed: Oct. 21, 2002
Status: Closed
Recommended Order on Tuesday, October 14, 2003.

Latest Update: Dec. 31, 2003
Summary: On February 20, 2002, Petitioner filed a two count Administrative Complaint, DBPR Case No. 2000-03098 (DOAH Case No. 02-4533PL), against Respondent alleging violations of Chapter 474, Florida Statutes. Count I of the Administrative Complaint charged Respondent with a violation of Section 474.214(1)(r), Florida Statutes: being guilty of incompetence or negligence by failing to practice veterinary medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent ve
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La 0-14-02 STATE OF FLORIDA BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner DOAH CASE NO.: 02-4130PE “a <3 , « _ 02-4533PL ID vs. 02-4830PL Los D+ LICENSE NO.: VM 0002404 2003-03939 Date: ADEL N. ASSAD, D.V.M., Final Order No. BPR-2003-03 19-30-63 of BEN and Professional Regulation Respondent Department ESS CLERK o Sarah es Agency Gierk FINAL ORDER 8? THIS MATTER was heard by the Board of Veterinary Medicine pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on December 2, 2003, in Key West, Florida, for consideration of the Recommended Order entered by Stephen F. Dean, Administrative Law Judge, dated October 14, 2003 (a copy of which is attached as Exhibit A). Petitioner was represented by Charles F. Tunnicliff, Esquire. Respondent was not present nor was he represented by counsel at this proceeding. Upon consideration of the Administrative Law Judge’s Recommended Order, after review of the entire record and having been otherwise fully advised in its premises, the Board makes the following findings and conclusions. FINDINGS OF FACT The Administrative Law Judge’s Findings of Fact are approved and adopted and are incorporated herein by reference. There is competent, substantial evidence to support the Board's findings. CONCLUSIONS OF LAW The Board has jurisdiction of the parties and subject matter of this case pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapter 474, Florida Statutes. The Administrative Law Judge’s Conclusions of Law are approved and adopted and are incorporated herein by reference. The Board ADOPTS the Administrative Law Judge’s recommendation. This Final Order becomes effective upon its filing with the Clerk for the Department. Pursuant to Section 120.59, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing one copy of a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. This Order shall become effective upon filing with the Clerk of the Department of Business and Professional Regulation. DONE AND ORDERED this day of , 2003. DR. ROBERT O'NEIL, CHAIRMAN Board of Veterinary Medicine CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Adel N. Assad, D.V.M., P.O. Box 1778, Silver Springs, Florida 34489 and Thomas V. Infantino, Esquire, 180 South Knowles Avenue, Suite 7, Winter Park, Florida 32789; to Steven F. Dean, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060, and by hand delivery/United States Mail to the Board Clerk, Department of Business and Professional Regulation and its Counsel, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida aN 32399-0792, on or before 5:00 p.m., this 20 day of Necenbe 20087 | ytlrtl.”

Docket for Case No: 02-004130PL
Issue Date Proceedings
Dec. 31, 2003 Final Order filed.
Oct. 14, 2003 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 14, 2003 Recommended Order (hearing held March 26-27 and April 9, 2003). CASE CLOSED.
Sep. 22, 2003 Respondent`s Proposed Recommended Order-Rudy (filed via facsimile).
Sep. 22, 2003 Respondent`s Proposed Recommended Order-Puffy (filed via facsimile).
Sep. 22, 2003 Respondent`s Proposed Recommended Order-Cinnamon (filed via facsimile).
Sep. 19, 2003 Petitioner`s Proposed Recommended Order filed.
Sep. 12, 2003 Stipulated Motion to Further Extend Date to file Recommended Orders (filed by Respondent via facsimile).
Sep. 03, 2003 Letter to Judge Dean from T. Infantino requesting to extend date for filing the proposed recommended orders (filed via facsimile).
Aug. 15, 2003 Joint Motion for Extension of Time to File Proposed Recommended Orders (filed via facsimile).
Jul. 25, 2003 Transcript (Volumes I, II, and III) filed.
Apr. 09, 2003 CASE STATUS: Hearing Held; see case file for applicable time frames.
Apr. 01, 2003 Notice of Hearing issued (hearing set for April 9, 2003; 10:15 a.m.; Ocala, FL).
Mar. 24, 2003 Petitioner`s Motion in Limine (filed via facsimile).
Mar. 24, 2003 Motion to Quash (filed by Petitioner via facsimile).
Mar. 24, 2003 (Joint) Prehearing Stipulation (filed via facsimile).
Mar. 20, 2003 Respondent`s Request to Produce at Formal Hearing-Trial (filed via facsimile).
Feb. 27, 2003 Notice of Taking Deposition (Dr. K. Nayfield) filed via facsimile.
Feb. 18, 2003 Notice of Service (filed by Respondent via facsimile).
Feb. 17, 2003 Notice of Service (filed by Respondent via facsimile).
Feb. 17, 2003 Respondent`s Response to Petitioner`s First Request for Admissions (filed via facsimile).
Jan. 14, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for March 26 and 27, 2003; 10:15 a.m.; Ocala, FL).
Jan. 13, 2003 Order of Consolidation issued. (Case 02-004830PL) was added to the consolidated batch.
Jan. 08, 2003 Letter to F. Vignochi from J. Brenner confirming the rescheduling of hearing dates (filed via facsimile).
Jan. 07, 2003 Motion to Continue Hearing Set for January 16 and 17 (2) (filed by Respondent via facsimile).
Dec. 23, 2002 Notice of Filing, Petitioner`s First Set of Interrogatories, Request for Admissions, and Request for Production of Documents (filed by Petitioner via facsimile).
Dec. 10, 2002 Notice of Service (filed by Respondent via facsimile).
Dec. 10, 2002 Respondent`s First Request to Produce (filed via facsimile).
Nov. 20, 2002 Order Granting Consolidation issued. (consolidated cases are: 02-004130PL, 02-004533PL)
Nov. 14, 2002 Motion to Reopen File and Schedule a Hearing (formerly DOAH Case No. 02-3517PL) (filed via facsimile).
Nov. 01, 2002 Order of Pre-hearing Instructions issued.
Nov. 01, 2002 Notice of Hearing issued (hearing set for January 16 and 17, 2003; 10:15 a.m.; Ocala, FL).
Nov. 01, 2002 Joint Response to Initial Order (filed by Respondent via facsimile).
Oct. 22, 2002 Initial Order issued.
Oct. 21, 2002 Administrative Complaint (filed via facsimile).
Oct. 21, 2002 Election of Rights (filed via facsimile).
Oct. 21, 2002 Agency referral (filed via facsimile).
Sep. 11, 2002 Administrative Complaint (filed via facsimile).
Sep. 11, 2002 Election of Rights (filed via facsimile).
Sep. 11, 2002 Agency Referral (filed via facsimile).

Orders for Case No: 02-004130PL
Issue Date Document Summary
Dec. 30, 2003 Agency Final Order
Oct. 14, 2003 Recommended Order The Department proved that Dr. Asad violated various provisions of Chapter 474, Florida Statutes, on 3 animals, including failing to practice veterinary medicine with care, operating on unlicensed premises, and failing to keep records.
Source:  Florida - Division of Administrative Hearings

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