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ERIC SOBEL vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF CONSTRUCTION, 03-001642 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-001642 Visitors: 23
Petitioner: ERIC SOBEL
Respondent: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF CONSTRUCTION
Judges: WILLIAM R. PFEIFFER
Agency: Department of Business and Professional Regulation
Locations: Clearwater, Florida
Filed: May 07, 2003
Status: Closed
Recommended Order on Wednesday, October 1, 2003.

Latest Update: Nov. 06, 2019
Summary: The issues in this case are whether certain questions within the June 2002 construction building contractor examination are invalid, and whether Petitioner should receive credit for certain answers scored as incorrect.Petitioner failed to prove that certain building contractor exam questions were invalid.
AGC - Filing For: CONSTRUCTION - 2/27/2006 - 2006-01314 - 2002013205 - SOBEL, ERIC - ORDER OF CLOSURE


STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD


ERIC SOBEL,


Petitioner,

vs. DBPR CASE NO. 2002-013205


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD,


Respondent.

I

:Final Order No. BPR-2006-01314 Date: ,. • -Cfp

! FILED

:Department of Business and Professional Regulation AGENCY CLERK


- - - - - -- ---- - - - - -- -- --- ---


ORDER OF CLOSURE


The Director, Construction Industry Licensing Board, Department of Business and Professional Regulation, after consideration of all records and other evidence regarding this case on file with the Division, makes the following determination.

FINDINGS OF FACT


  1. The Division is the State agency charged with enforcing Chapter 489, Part I, Florida Statutes.

  2. In June 2002, Petitioner sat for the construction building contractor examination.


    After Petitioner was advised that he received a failing score, he challenged the results of the examination and timely requested an administrative hearing pursuant to Chapter 120, Florida Statutes.

  3. The final hearing was held on July 31, 2003 and a final order was entered dismissing his challenge. Petitioner was given an extended time period to retake the exam.

  4. Petitioner retook the exam and passed it successfully, making the above mentioned case moot. Respondent elects to close the case.


Filed November 6, 2019 4:12 PM Division of Administrative Hearings

CONCLUSIONS OF LAW

The Division is the State agency charged by statute to administer and enforce compliance with Chapter 489, Part I, Florida Statutes, and the administrative rules promulgated thereunder. The Division has jurisdiction over the parties and the subject matter of this proceeding, pursuant to Section 120.57, Florida Statutes.

ORDER

Based on all records and other evidence regarding this case on file with the

Division and the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered that this file be CLOSED.


CHARLES TUNNICLIFF

1940 North Monroe Street Tallahassee, Florida 32399-1011

(850) 488-1133


NOTICE OF RIGHT TO APPEAL UNLESS WAIVED

Pursuant to Section 120.68, Florida Statutes and Rule 9.110, Florida Rules of Appellate Procedure, any substantially affected party may appeal this final order by filing a Notice of Appeal with the clerk of this Agency and the District Court of Appeals, accompanied by the appropriate filing fees within 30 days of the date of this Final Order.


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order of Closure has been furnished by Regular U.S. Mail to Nickolas Ekonomides, Esquire, 791 Bayway Boulevard, Clearwater, Florida 33767, and by inter-office mail to Charles F. Tunnicliff, Chief Professions

Attorney, Department of Business and ProfessionalR rth Monroe Street, Tallahassee, Florida 32399-2202 this , 2006.

c!/uM/ ; - '

For the Department of Business and Professional Regulation


Docket for Case No: 03-001642
Issue Date Proceedings
Nov. 06, 2019 Order of Closure filed.
Oct. 01, 2003 Recommended Order (hearing held July 31, 2003). CASE CLOSED.
Oct. 01, 2003 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 15, 2003 Petitioner`s Proposed Recommended Order filed.
Sep. 04, 2003 Respondent`s Proposed Recommended Order (filed via facsimile).
Aug. 20, 2003 Order Granting Extension. (the proposed recommended orders will be filed on or before September 4, 2003)
Aug. 19, 2003 Motion for Extension of Time to File Proposed Recommended Order (filed by Respondent via facsimile).
Aug. 15, 2003 Transcript of Proceeding filed.
Jul. 31, 2003 CASE STATUS: Hearing Held.
Jul. 07, 2003 Petitioner`s Amended Petition filed.
Jun. 17, 2003 Order Granting Motion. (the parties shall condunt a pre-hearing review on or before July 1, 2003; Petitioner is granted leave to amend its petition and shall serve and file an amended petition on or before July 5, 2003, at 5:00 p.m.)
Jun. 17, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for July 31, 2003; 9:00 a.m.; Clearwater, FL).
Jun. 13, 2003 Moton for Continuance of Formal Hearing (filed by Respondent via facsimile).
Jun. 09, 2003 Motion to Permit Discovery and Permit Additional Challenge (filed by Petitioner via facsimile).
May 28, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 24, 2003; 9:00 a.m.; Clearwater, FL).
May 21, 2003 Motion for Continuance of Formal Hearing (filed by Respondent via facsimile).
May 20, 2003 Notice of Hearing issued (hearing set for June 17, 2003; 9:00 a.m.; Clearwater, FL).
May 20, 2003 Order of Pre-hearing Instructions issued.
May 14, 2003 Joint Response to Initial Order (filed by Respondent via facsimile).
May 13, 2003 Letter to Christy from P. Ceelan confirming conversation with regard to obtaining three available dates for hearing (filed via facsimile).
May 07, 2003 Denial of Building Contractor License filed.
May 07, 2003 Request for Administrative Hearing filed.
May 07, 2003 Agency referral filed.
May 07, 2003 Initial Order issued.

Orders for Case No: 03-001642
Issue Date Document Summary
Oct. 01, 2003 Recommended Order Petitioner failed to prove that certain building contractor exam questions were invalid.
Source:  Florida - Division of Administrative Hearings

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