OF

COMMISSION ON HUMAN RELATIONS

B. WATERS. EEOC No.

Petitioner, FCHR No. 2013-02228

v. Case No. 14-2697

R.H. MOTORS, OF ORANGE PARK,

Order No. 15-002

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Lamar B. Waters filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes

alleging that Respondent R.H. Motors, Kia of Orange Park, committed an unlawful employment practice on the basis of Petitioner's age (DOB: 3-8-43) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on May 2014, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Jacksonville, Florida, on October 6, before Law Judge R. Bruce McKibben.

Judge McKibben issued a Recommended Order of dismissal, dated October 30,

2014.

The Commission panel designated below considered the record of this matter and

determined the action to be taken on the Recommended Order.

Findings of Fact

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 5th 1988). Accord, Coleman v.

Filed January 16, 2015 12:08 PM Division of Administrative Hearings

FCHR Order No. 15-002

Page 2

Ocean Center Parking Garage, FCHR Order No. 14-034 (September 2014), Gantz, et al. v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No.

(June 6, 2011), and Hall v. Villages of West Oaks A. FCHR Order No. 08-007 (January 14, 2008).

We adopt the Administrative Law Judge's findings of fact.

Conclusions of Law

We find the Administrative Law Judge's application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge's conclusions of law.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Recommended Order.

Dismissal

The Petition for and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in Florida Rules of Appellate Procedure

DONE AND ORDERED this THE FLORIDA

day of

ON

2015. LATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Rebecca Steele

Filed this 2015,

in Tallahas:

FCHR Order No. 15-002 3

on Human Relations 4075 Esplanade Way

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Lamar B. Waters

c/o Adam J. Kohl, Esq.

Law Office of Kohl and Smith Post Office Box 600049 Jacksonville, FL 32260-0049

R.H. Motors, Kia of Orange c/o Leonard T. Esq.

Bowling of North Florida, A.

4309 Salisbury Road

Jacksonville, FL 32216

R. Bruce McKibben, Administrative Law Judge, DOAH James Legal Advisor for Commission Panel

I HEREBY CERTIFY that a cop; listed addressees this day of

)f the foregoing has been mailed to above

2015.

By: _ Clerk of

Florida on Human Relations

Docket for Case No: 14-002697

Orders for Case No: 14-002697