STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RECOMMENDED ORDER

This cause came on for final hearing before Harry L. Hooper, Administrative Law Judge with the Division of Administrative Hearings, on December 9, 2008, in Pensacola,

Florida.

APPEARANCES

For Petitioner: No appearance

For Respondent: Julie Wells, pro se

AccuStaff

5710 North Davis Highway, Suite 5

Pensacola, Florida 32503 STATEMENT OF THE ISSUE

The issue is whether Respondent engaged in an unlawful employment practice.

PRELIMINARY STATEMENT

Petitioner Van Gandy (Mr. Gandy) completed an Employment Complaint of Discrimination with the Florida Commission on Human

Relations (Commission) on May 11, 2008. It was filed on May 19, 2008. The Complaint alleged discrimination based on race (African-American) and retaliation.

The Commission investigated the complaint and on September 24, 2008, issued its "Notice of Determination: No Cause." Mr. Gandy timely filed a Petition for Relief with the Commission on October 17, 2008. The Petition and allied papers

were transmitted to the Division of Administrative Hearings in a letter dated October 21, 2008. The case was set for hearing at 10:00 a.m., Central Time, on December 9, 2008.

At the time set for the hearing to commence, Julie Wells of Respondent AccuStaff, announced her appearance. Mr. Gandy did not appear at the time and place designated. The hearing was postponed for 15 minutes. At the end of that time, Mr. Gandy did not appear. Mr. Gandy, prior to the hearing, discussed the hearing with the Administrative Law Judge's assistant, and was aware of the time and place of the hearing.

As of the filing of this Recommended Order, Mr. Gandy has not contacted the Division of Administrative Hearings.

FINDINGS OF FACT

1. Julie Wells is the principal of AccuStaff.

   CONCLUSIONS OF LAW

   
   

2. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. § 120.57(1), Fla. Stat. (2007).

3. In order to prove discrimination or retaliation the Petitioner is required to demonstrate evidence that Petitioner is in a class protected by the Florida Civil Rights Act before any further proceedings may occur. Mr. Gandy, by failing to appear at the hearing he requested, failed to prove anything.

RECOMMENDATION

Based upon the Findings of Fact and Conclusions of Law,

it is

RECOMMENDED that the Petition for Relief filed by Van Gandy be dismissed.

DONE AND ENTERED this 10th day of December, 2008, in Tallahassee, Leon County, Florida.

S

HARRY L. HOOPER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

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

Filed with the Clerk of the Division of Administrative Hearings this 10th day of December, 2008.

COPIES FURNISHED:

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Julie Wells AccuStaff

5710 North Davis Highway, Suite 5

Pensacola, Florida 32503

Van Gandy

8580 Vickie Street

Pensacola, Florida 32514

Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

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: 08-005243

Orders for Case No: 08-005243