JOANN ROBINSON,

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

vs.

Petitioner,

Case No. 13-3714

DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,

Respondent.

/

RECOMMENDED ORDER OF DISMISSAL

On February 5, 2014, an administrative hearing in this case was held by video teleconference in Sarasota and Tallahassee, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings. The Petitioner failed to appear for the hearing. The Notice of Hearing entered in this case specifically stated that a failure to appear could result in closure of the file without further proceedings.

As the party asserting the affirmative of an issue, the Petitioner has the burden of proof in this case. Wilson v. Dep't

of Admin., Div. of Ret., 538 So. 2d 139, 141-42 (Fla. 4th DCA 1989); Fla. Dep't of Transp. v. J.W.C. Co., Inc., 396 So. 2d 778,

788 (Fla. 1st DCA 1981); and Balino v. Dep't of HRS, 348 So. 2d

349 (Fla. 1st DCA 1977). Because the Petitioner failed to appear for the hearing, the Petitioner has not met the burden.

An Order to Show Cause was issued on February 5, 2014, requiring that the Petitioner or her legal representative file a response by no later than February 28, 2014, and show cause why this case should not be dismissed based on the Petitioner's failure to appear. The Order stated that failure to file a response would be deemed to indicate that the Petitioner had withdrawn the request for hearing and would result without further notice in entry of a recommended order of dismissal.

Time for response has passed without response from the Petitioner.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED that the Request for Administrative Hearing filed by the Petitioner in this case be DISMISSED.

DONE AND ENTERED this 7th day of March, 2014, in Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

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 7th day of March, 2014.

COPIES FURNISHED:

Thomas E. Wright, Esquire Department of Management Services Division of Retirement

4050 Esplanade Way, Suite 160

Tallahassee, Florida 32399

JoAnn Robinson

Post Office Box 48409 Sarasota, Florida 34230-5409

Dan Drake, Director Division of Retirement

Department of Management Services Post Office Box 9000

Tallahassee, Florida 32315-9000

Josefina M. Tamayo, General Counsel Department of Management Services 4050 Esplanade Way, Suite 160

Tallahassee, Florida 32399-0950

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: 13-003714

Orders for Case No: 13-003714