STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL AND OCCUPATIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-646

)

BRENDA ARELLANO CABUSAO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on May 1, 1979, in Orlando, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Ms. Brenda A. Cabusao

3110 Hickam Street

Orlando, Florida 32809 PROCEDURAL BACKGROUND

At issue herein is whether or not the Respondent, Brenda Arellano Cabusao, by failing to advise the Petitioner that she had twice sat for the State Board Test Pool Licensing Examination in Hawaii and on three occasions for the Licensed Practical Nurse examination and failed to receive a passing score on each occasion, constituted an intent on her part to obtain a license by fraud within the meaning of Section 464.21, Florida Statutes.

FINDINGS OF FACT

1. By letter dated January 14, 1979, the Petitioner advised the Respondent that in view of the fact that she failed to denote on her application in response to Question 10 on that application, that she had previously sat for the State of Hawaii Registered Nurse examination on two occasions and for the Licensed Practical Nurse examination on three occasions without receiving a passing grade, constituted an intent on Respondent's part to obtain a license by fraud.

   
   

2. Mary L. Willis, R. N., is the custodian of the Respondent's records in this case. An examination of those records revealed that the Respondent's application was received in Petitioner's office on November 16, 1978. As is

   usual on such applications, Respondent's signature is included thereon which is notarized. The date of the acknowledgment is September 26, 1978.

   
   

3. There is dispute but that the Respondent failed to indicate on her application in response to Question 10 thereof that she had in fact previously sat for the nurse licensing examination in Hawaii on five different occasions. However, what is in dispute is the Respondent's assertion that she misinterpreted or misunderstood Question 10 as framed on the application. The fact of the Respondent's having sat for the Hawaii Board of Nursing on January 9, 1979. (See Board's Exhibit No. 2)

4 On page 2 of the application for examination, Question 10 read, "Have you ever written the State Test Pool Examination in any other state?". In response thereto, Respondent replied, "No". Respondent testified that when she read Question 10 on the subject license application, she immediately thought that that question referred to sitting for an examination in the states and was not at all appertaining to a person such as herself who had sat for an examination while at the University of Phillipines. Respondent further testified that when she inquired of the Petitioner when her confirmation to sit for the examination would be coming, she was advised by the Information Officer on duty at the time that inasmuch as she failed to divulge the fact that she had sat for the State Test Pool Examination in Hawaii, Petitioner would not issue confirmation for her to sit for the examination in Florida. Petitioner credibly testified that she had at no time tried to conceal her sitting for the Hawaii examination and that she further confirmed this fact by mailing a letter indicating her confusion to the Petitioner and copies of her test scores showing the results of her examinations from Hawaii. The Respondent's responses to questions were straightforward. Considering all factors herein, Respondent's version of the events appears credible and worthy of belief. For these reasons, I shall recommend that the Petitioner allow Respondent an opportunity to resubmit her application with the proper responses to Question 10 and when such is received, permit her to sit for the next examination.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57, Florida Statutes.

   
   

2. The parties were duly notices pursuant to the notice provision of Chapter 120, Florida Statutes.

   
   

3. The authority of the Petitioner is derived from Chapter 464, Florida Statutes.

   
   

4. Competent and substantial evidence was offered by the Respondent to establish that she did not attempt to obtain a license by fraud within the meaning of Section 464.21, Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusion of law, it is hereby,

RECOMMENDED:

That the Petitioner allow the Respondent to amend her answer to Question 10 on her application and, provided proper and truthful answers are received in response to Question 10, that she be allowed to sit for the next State Board Examination.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 14th day of June, 1979.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings Room 101,Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

Ms. Brenda A. Cabusao 3110 Hickam Street

Orlando, Florida 32809

Geraldine B. Johnson, R. N. Investigation and Licensing Coordinator Florida Board of Nursing

Suite 504, 111 East Coast Line Drive Jacksonville, Florida 32202

Docket for Case No: 79-000646

Orders for Case No: 79-000646