Judges: G. STEVEN PFEIFFER
Agency: Department of State
Latest Update: Jun. 14, 1978
Summary: Recommend granting unarmed guard license despite failure to disclose arrest for aggravated assault because the charges were dropped and failure to disclose was not willful.
78-0720.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARCUS E. BREWER, SR., )
)
Petitioner, )
)
vs. ) CASE NO. 78-720S
)
DIVISION OF LICENSING, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on May 19, 1978, in Miami, Florida.
The following appearances were entered: Marcus E. Brewer, Sr., who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, who appeared on behalf of the Respondent, Division of Licensing.
The Petitioner has filed an application for unarmed guard license. The Respondent has denied the application, and the Petitioner has requested a hearing. The Division of Licensing has requested that a hearing officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notice dated May 2, 1978.
FINDINGS OF FACT
In 1976 the Petitioner was arrested and charged with the crime Aggravated Assault. No formal charges were filed, and he was neither tried nor convicted of the charges. The Petitioner failed to reflect this arrest in his application for license.
The fact of the arrest would not constitute grounds for denying the Petitioner's application for an unarmed guard license. His failure to report it was apparently due to confusion on his own part. The evidence would not support a conclusion that the failure was willful.
CONCLUSIONS OF LAW
The Petitioner meets the qualifications to be licensed as an unarmed guard.
RECOMMENDED ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby
RECOMMENDED:
That the Petitioner's application for an unarmed guard license be granted. RECOMMENDED this 26 day of May, 1978, in Tallahassee, Florida.
G. STEVEN PFEIFFER Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 26 day of May, 1978.
COPIES FURNISHED:
Marcus Eli Brewer 2877 Nokomis Avenue
West Palm Beach, Florida
Gerald Curington, Esquire General Counsel Department of State Plaza Level
New Capitol
Tallahassee, Florida 32304
Mr. Marvin Sirotowitz Bureau Chief
Division of Licensing The Capitol
Tallahassee, Florida 32304
Docket for Case No: 78-000720
Orders for Case No: 78-000720
| Issue Date |
Document |
Summary |
|
Jun. 12, 1978 |
Agency Final Order
|
|
|
May 26, 1978 |
Recommended Order
|
Recommend granting unarmed guard license despite failure to disclose arrest for aggravated assault because the charges were dropped and failure to disclose was not willful.
|
