STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KRISTIAN RICHARDSON,

Petitioner,

vs.

RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION,

Respondent.

/

Case No. 20-1355

RECOMMENDED ORDER

Administrative Law Judge John D. C. Newton, II, of the Division of Administrative Hearings (Division), conducted the final hearing in this case by Zoom video conference on August 3, 2020.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Bonnie Ann Wilmot, Esquire

Anastasios Kamoutsas, Esquire Department of Education

325 West Gaines Street, Suite 1544

Tallahassee, Florida 32399

STATEMENT OF THE ISSUE

Did Respondent incorrectly score Petitioner's Florida Teacher Certification Examination for Physical Education K-12 Test?

PRELIMINARY STATEMENT

By notice dated January 15, 2020, Respondent informed Petitioner that his challenge to the scoring of the teacher certification Physical Education

K-12 Test was denied. On February 10, 2020, Petitioner requested a hearing to challenge that decision. Respondent referred the matter to the Division on March 13, 2020, to conduct the hearing.

On March 25, 2020, the undersigned set the hearing for May 18, 2020. On April 30, 2020, Respondent filed an unopposed Motion for Continuance due to the Coronavirus pandemic. The motion was granted. The hearing was rescheduled to August 3, 2020, to be conducted by Zoom video conference.

FINDINGS OF FACT

1. On July 27, 2020, the undersigned conducted a properly noticed Pre- hearing Conference by telephone. Respondent participated. Petitioner did not appear. Afterwards, a Pre-hearing Order was rendered noting that Petitioner had not participated in the conference.

2. The Division's docket for this matter does not indicate that the Notice of Hearing, Notice of Pre-hearing Conference, or Pre-hearing Order has been returned for any reason, including an incorrect address.

3. The Initial Order in this matter referred Petitioner to the "Representing Yourself" document link on the Division's website. That document advises litigants, "If your address changes, be sure to notify the Division in writing so that you can be properly notified about the hearing date and receive your copy of the Recommended Order."

4. On August 3, 2020, at 2:40 p.m., the Division received the Confidentiality Order rendered July 17, 2020, from the post office with the notation, "Not Deliverable as Addressed." This is the only order that has been returned as undeliverable. On August 4, 2020, the assistant to the undersigned emailed Petitioner to advise him the Confidentiality Order had been returned and requested a current address. He provided a post office box address in Highland, New York.

   
   

5. Petitioner's Request for Hearing provided an address in Odessa, Florida, which was used for delivery of all orders rendered in this matter. This Recommended Order is being sent to the Odessa address and the Highland, New York, address to ensure that Petitioner receives the Order.

6. Petitioner did not appear at the final hearing conducted on August 3, 2020, which was noticed on May 14, 2020.

7. Petitioner did not contact the office of the undersigned about any difficulty participating. Respondent's counsel advised that she had not had any recent communications with Petitioner.

8. As of 9:30 a.m., August 3, 2020, Petitioner had not appeared for the hearing or contacted the office of the undersigned. Petitioner also had not provided any notice of a change in address. The undersigned adjourned the hearing at 9:30 a.m.

   
   

   CONCLUSIONS OF LAW

9. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. §§ 120.569 and 120.57(1), Fla. Stat. (2019).

10. The general rule is that a party asserting the affirmative of an issue bears the burden of proof. See Young v. Dep't of Cmty. Aff., 625 So. 2d 831 (Fla. 1993); Golfcrest Nursing Home v. Ag. for Health Care Admin., 662 So. 2d 1330, 1334 (Fla. 1st DCA 1995); McDonald v. Dep't of Prof. Reg., Bd. of Pilot Com'rs, 582 So. 2d 660, 670 (Fla. 1st DCA 1991).

11. Petitioner bears the burden of moving forward in this proceeding.

12. Petitioner bears the burden of proving his claim that his examination was incorrectly scored.

13. Petitioner did not produce evidence to support his claim that Respondent scored the certification examination incorrectly. Consequently, Petitioner failed to satisfy his burden of proof.

    
    

14. By failing to appear, Petitioner also waived the right to challenge Respondent's decision.

RECOMMENDATION

For the foregoing reasons, it is RECOMMENDED that Respondent enter a final order denying Petitioner's challenge to the scoring of Petitioner's Florida Teacher Certification Examination for Physical Education K-12 Test.

DONE AND ENTERED this 11th day of August, 2020, in Tallahassee, Leon County, Florida.

S

JOHN D. C. NEWTON, II

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 11th day of August, 2020.

COPIES FURNISHED:

Kristian Richardson Post Office Box 726

Highland, New York 12528

Kristian Richardson Apartment 203

2572 Fencepost Drive

Odessa, Florida 33556

Bonnie Ann Wilmot, Esquire Department of Education 325 West Gaines Street Tallahassee, Florida 32399 (eServed)

Anastasios Kamoutsas, Esquire Department of Education

Suite 1544

325 West Gaines Street Tallahassee, Florida 32399 (eServed)

Richard Corcoran, Commissioner of Education Department of Education

Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)

Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)

Chris Emerson, Agency Clerk Department of Education Turlington Building, Suite 1520 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)

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: 20-001355

Orders for Case No: 20-001355