STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JUAN G. NORIEGA, )

)

Petitioner, )

)

vs. ) CASE NO. 78-730S

)

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: Juan G. Noriega, who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, for the Respondent, Division of Licensing.

The Petitioner has filed an application for an unarmed guard license. The Respondent has denied the application, and the Petitioner has requested a hearing. The Division of Licensing 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

1. In 1958 the Petitioner was arrested for illegally exporting arms from the United States. He was found guilty, fined, and placed on probation for a period of one year. The Petitioner failed to reflect this arrest and conviction in his application.

   
   

2. The Petitioner is a Cuban. In 1958 he was working against the Batista government in Cuba, and it was in connection with that work that he was arrested and convicted. In 1961 the was involved in the Bay of Pigs invasion against the Castro government in Cuba. The Petitioner remains a citizen of Cuba, and he opposes all form of totalitarianism in his native country. It does not appear that the Petitioner's failure to reflect his 1958 arrest and conviction was an intentional act to mislead the Division of Licensing.

   
   

3. The Petitioner has been working for approximately one year as an unarmed guard under a temporary permit. His employer believes him to be the best guard that he has in his employment.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Petitioner meets all the qualifications for issuance of an unarmed guard license.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, 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:

Mr. Juan G. Noriega

445 South West 4th Street Miami, Florida

Gerald Curington, Esquire General Counsel Department of State

The Capitol

Tallahassee, Florida 32304

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000730

Orders for Case No: 78-000730