Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE
Respondent: ADEL ASSAD, D.V.M.
Judges: STEPHEN F. DEAN
Agency: Department of Business and Professional Regulation
Locations: Ocala, Florida
Filed: Dec. 17, 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
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 veterinarian as being acceptable under similar conditions and circumstances. Count II of the Administrative Complaint charged Respondent with a violation of Section 474.214(1)(f), Florida Statutes: violating any provision of this chapter or Chapter 455, a rule of the board or department.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.
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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: 02-004830PL
Issue Date |
Proceedings |
Dec. 31, 2003 |
Final Order filed.
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Oct. 14, 2003 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Oct. 14, 2003 |
Recommended Order (hearing held March 26-27 and April 9, 2003). CASE CLOSED.
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Sep. 22, 2003 |
Respondent`s Proposed Recommended Order-Rudy (filed via facsimile).
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Sep. 22, 2003 |
Respondent`s Proposed Recommended Order-Puffy (filed via facsimile).
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Sep. 22, 2003 |
Respondent`s Proposed Recommended Order-Cinnamon (filed via facsimile).
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Sep. 19, 2003 |
Petitioner`s Proposed Recommended Order filed.
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Sep. 12, 2003 |
Stipulated Motion to Further Extend Date to file Recommended Orders (filed by Respondent via facsimile).
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Sep. 03, 2003 |
Letter to Judge Dean from T. Infantino requesting to extend date for filing the proposed recommended orders (filed via facsimile).
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Aug. 15, 2003 |
Joint Motion for Extension of Time to File Proposed Recommended Orders (filed via facsimile).
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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).
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Mar. 24, 2003 |
Petitioner`s Motion in Limine (filed via facsimile).
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Mar. 24, 2003 |
Motion to Quash (filed by Petitioner via facsimile).
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Mar. 24, 2003 |
(Joint) Prehearing Stipulation (filed via facsimile).
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Mar. 20, 2003 |
Respondent`s Request to Produce at Formal Hearing-Trial (filed via facsimile).
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Feb. 27, 2003 |
Notice of Taking Deposition (Dr. K. Nayfield) filed via facsimile.
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Feb. 18, 2003 |
Notice of Service (filed by Respondent via facsimile).
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Feb. 17, 2003 |
Notice of Service (filed by Respondent via facsimile).
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Feb. 17, 2003 |
Respondent`s Response to Petitioner`s First Request for Admissions (filed via facsimile).
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Jan. 13, 2003 |
Order of Consolidation issued. (Case(s): 02-004830PL) was added to the consolidated batch.
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Jan. 07, 2003 |
Notice of Service (filed by Respondent via facsimile).
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Jan. 07, 2003 |
Respondent`s First Request to Produce (filed via facsimile).
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Jan. 07, 2003 |
Motion to Continue Hearing Set for January 16 and 17 (filed by Respondent via facsimile).
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Dec. 30, 2002 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
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Dec. 19, 2002 |
Initial Order issued.
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Dec. 17, 2002 |
Election of Rights (filed via facsimile).
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Dec. 17, 2002 |
Administrative Complaint (filed via facsimile).
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Dec. 17, 2002 |
Motion to Consolidate (cases requested to be consolidated 02-4830PL, 02-4130PL, 02-4533PL) (filed via facsimile).
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Dec. 17, 2002 |
Agency referral (filed via facsimile).
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Orders for Case No: 02-004830PL
Issue Date |
Document |
Summary |
Dec. 30, 2003 |
Agency Final Order
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Oct. 14, 2003 |
Recommended Order
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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.
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