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DEPARTMENT OF HEALTH, BOARD OF HEARING AID SPECIALISTS vs KENT A. BROY, 03-003452PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-003452PL Visitors: 16
Petitioner: DEPARTMENT OF HEALTH, BOARD OF HEARING AID SPECIALISTS
Respondent: KENT A. BROY
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Sep. 22, 2003
Status: Closed
Recommended Order on Thursday, February 5, 2004.

Latest Update: May 12, 2004
Summary: The issue in this case is whether Respondent, Kent A. Broy, committed the violations alleged in an Administrative Complaint filed with by Petitioner, the Department of Health, on April 11, 2003, and, if so, what disciplinary action should be taken against him.Petitioner failed to prove the specific factual allegations of the Administrative Complaint.
03-3452 REMAND.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


DEPARTMENT OF HEALTH, BOARD ) OF HEARING AID SPECIALISTS, )

)

Petitioner, )

)

vs. ) Case No. 03-3452PL

)

KENT A. BROY, )

)

Respondent. )

)


ORDER DENYING MOTION FOR CONTINUANCE AND MOTION TO REMAND


A motion hearing was held in this case by telephone to consider a Motion for Continuance filed by Respondent and a Motion to Remand filed by Petitioner. After hearing argument of the parties, it was

ORDERED:


  1. The Motion for Continuance was DENIED; and


  2. The Motion to Remand was DENIED. Respondent was, however, ordered to answer Petitioner's Request for Admissions at or prior to the commencement of the final hearing.

DONE AND ORDERED this 10th day of November, 2003, in Tallahassee, Leon County, Florida.

S


LARRY J. SARTIN

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 the Clerk of the Division of Administrative Hearings this 10th day of November, 2003.


COPIES FURNISHED:


Steven Graham, Esquire

Office of the Attorney General

110 Southeast 6th Street, 9th Floor Fort Lauderdale, Florida 33301


E. Raymond Shope, II, Esquire 1404 Goodlette Road North Naples, Florida 34103


2


Docket for Case No: 03-003452PL
Issue Date Proceedings
May 12, 2004 Amended Final Order filed.
May 03, 2004 Appellee`s Response in Opposition to Appellant`s Motion for Stay of Final Order filed.
Apr. 29, 2004 Final Order (Fees) filed.
Mar. 23, 2004 Final Order filed.
Feb. 05, 2004 Recommended Order (hearing held November 5, 2003). CASE CLOSED.
Feb. 05, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 21, 2004 Notice of Withdrawal of Motion to Strike (filed by Respondent via facsimile).
Jan. 20, 2004 Motion to Strike Petitioner`s Proposed Recommended Order (filed via facsimile).
Jan. 20, 2004 Motion to Accept Late filing of Petitioner`s Proposed Recommended Order (filed via facsimile).
Jan. 20, 2004 Petitioner`s Proposed Recommended Order (filed via facsimile).
Jan. 16, 2004 Respondent`s Proposed Recommended Order (filed via facsimile).
Jan. 06, 2004 Motion to Vacate Order Granting Enlargement of Time (filed by Petitioner via facsimile).
Jan. 05, 2004 Order Granting Enlargement of Time. (the parties shall file their proposed recommended orders by January 16, 2004).
Jan. 05, 2004 Amended Motion for Enlargement of Time (filed by Respondent via facsimile).
Dec. 29, 2003 Motion for Enlargement of Time (filed by Respondent via facsimile).
Dec. 17, 2003 Notice of Filing of Transcript. (the parties shall file their proposed orders by January 6, 2004).
Dec. 17, 2003 Transcript filed.
Nov. 10, 2003 Order Denying Motion for Continuance and Motion to Remand.
Nov. 05, 2003 Petitioner`s Memorandum of Law in Case Nos. 01-3536PL, 01-3573PL and 01-3538PL with Board of Hearing Aid Specialist General Business Meeting of April 5, 2002, filed by Respondent filed w/judge at hearing.
Nov. 05, 2003 CASE STATUS: Hearing Held.
Oct. 31, 2003 Motion for Continuance (filed by Respondent via facsimile).
Oct. 29, 2003 Motion to Remand (filed by Petitioner via facsimile).
Oct. 29, 2003 Motion to Withdraw (filed by E. R. Shope via facsimile).
Oct. 23, 2003 Order Granting Motion to Shorten Time.
Oct. 22, 2003 (Joint) Pre-hearing Stipulation filed.
Oct. 22, 2003 Motion to Shorten Time for Respondent to Respond to Petitioner`s Discovery Requests (filed via facsimile).
Oct. 22, 2003 Petitioner`s Second Request for Admissions (filed via facsimile).
Oct. 22, 2003 Petitioner`s Amended Response to Respondent`s Request for Production of Documents (filed via facsimile).
Oct. 16, 2003 Petitioner`s Request for Production of Documents (filed via facsimile).
Oct. 16, 2003 Petitioner`s Request for Admissions (filed via facsimile).
Oct. 15, 2003 Petitioner`s Response to Respondent`s Request for Production of Documents (filed via facsimile).
Oct. 02, 2003 Order of Pre-hearing Instructions.
Oct. 02, 2003 Notice of Hearing (hearing set for November 5, 2003; 9:30 a.m.; West Palm Beach, FL).
Sep. 30, 2003 Joint Response to Initial Order (filed by Petitioner via facsimile).
Sep. 23, 2003 Initial Order.
Sep. 22, 2003 Administrative Complaint filed.
Sep. 22, 2003 Request for Formal Hearing filed.
Sep. 22, 2003 Referral for Hearing filed.
Sep. 22, 2003 Agency referral filed.

Orders for Case No: 03-003452PL
Issue Date Document Summary
May 11, 2004 Amended Agency FO
Apr. 27, 2004 Agency Final Order
Mar. 22, 2004 Agency Final Order
Feb. 05, 2004 Recommended Order Petitioner failed to prove the specific factual allegations of the Administrative Complaint.
Nov. 10, 2003 Other
Oct. 29, 2003 Remanded from the Agency
Source:  Florida - Division of Administrative Hearings

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