STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARGARET CLINE, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2170S

) STATE OF FLORIDA, DIVISION OF ) LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on February 13, 1979, in Chipley, Florida, by Stephen F. Dean, assigned Hearing Officer, of the Division of Administrative Hearings.

This case was presented upon the petition of Cline for a formal hearing on the denial of her application for a private employment agency/agent license.

The grounds for denial, as stated in the Department's letter, was the failure of Cline to meet the qualification of three years' continuous experience as an employment clerk or its equivalent immediately preceding her application.

The parties stipulated that Cline is an applicant for licensure as an employment agency/agent and is qualified except for the lack of three years continuous experience as an employment clerk or its equivalent immediately preceding her application. The parties presented evidence concerning Cline's work experience.

The issue presented is whether Cline had three years' continuous experience as an employment clerk or its equivalent immediately preceding her application.

APPEARANCES

For Petitioner: Margaret Cline

940 Santa Rosa Boulevard Fort Walton Beach, Florida Tallahassee, Florida 32304

For Respondent: Gerald Curington, Esquire

Department of State, The Capitol Tallahassee, Florida 32304

FINDINGS OF FACT

1. Margaret Cline is an applicant for licensure as an employment agency/agent. Cline meets all qualifications for licensure except the experience requirements, which are the subject of this proceeding.

2. Cline was employed until December, 1975, with the Ramada Inn. The Department recognizes that her experience in this employment was equivalent that of an employment clerk. Cline was unemployed for a period of four to five months immediately following the termination of her employment with the Ramada Inn. From May until September, 1976, she was sales director for a condominium. She admits that her employment was not as an employment clerk or its equivalent. From September, 1976, until September, 1977, she was employed in establishing a bookkeeping system in another condominium company. She admits that the duties of her employment were not those of an employment clerk or its equivalent.

   Cline was employed from September, 1977, until February, 1978, by Gulf Terrace Condominium. She asserts, and the agency does not deny, that her employment was as an employment clerk or its equivalent. Cline was employed from February, 1978, until September, 1978, with Seascape Inn. She asserts, and the agency does not deny, that her employment during this period was as an employment clerk or its equivalent. Since September, 1978, Cline has been involved in preparing to open or in operating an employment agency. She currently operates an employment agency in Dothan, Alabama, and has done so since November, 1978.

   
   

3. Cline has been continuously employed as an employment clerk or its equivalent since September of 1977, or approximately 18 months.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 449.023(1), Florida Statutes, provides that all agency and agent licensees must have had three years' experience as an employment clerk in this state or the equivalent thereof in related fields, which experience must have been continuous and immediately preceding the date of application (for licensure) or in lieu of the required experience must have been a previously licensed owner or operator of an employment agency in this state.

   
   

5. The statutory reference would require three years experience as an employment clerk or its equivalent, and further require that such experience be continuous and immediately precede the date of the person's application for licensure. The evidence in this case shows that the applicant has only one and one-half years' continuous experience immediately preceding the date of her application. Although the applicant is in all other respects qualified, Section 449.023(1) requires three years of continuous experience as an employment clerk or its equivalent immediately preceding the date of the individual's application. The applicant, Cline, does not have this experience.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the application of Margaret Cline be denied.

DONE and ORDERED this 16th day of February, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

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 16th day of February, 1979.

COPIES FURNISHED:

Gerald Curington, Esquire Department of State

The Capitol Tallahassee, Florida

Margaret Cline

940 Santa Rosa Boulevard Fort Walton Beach, Florida

Docket for Case No: 78-002170

Orders for Case No: 78-002170