STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELLEN MOLDOFF, )

)

Petitioner, )

)

vs. ) CASE NO. 79-648

) STATE OF FLORIDA, DEPARTMENT OF ) HEALTH AND REHABILITATIVE )

SERVICES, )

)

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 June 20, 1979, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Ellen Moldoff

3690 Inverrary Drive

Lauderhill, Florida 33319

For Respondent: Harold Braynon, Esquire

District X Legal Counsel Department of Health and

Rehabilitative Services

800 West Oakland Park Boulevard Fort Lauderdale, Florida 33311

ISSUE

At issue herein is whether Petitioner, Ellen Moldoff, is qualified for a supervisor's license in microbiology under Section 10D-41.24(10), Florida Administrative Code.

FINDINGS OF FACT

1. Based on the testimony of the witnesses and their demeanor while testifying, the following relevant facts are found.

   
   

2. On February 27, 1979, George S. Tylor, Jr., B.A., Clinical Laboratory program, advised Ellen Moldoff, petitioner, that her application for licensure as a supervisor was being denied under the provisions of the Florida Clinical Laboratory Law, Chapter 483, Florida Statutes, in that, "You do not have the 60 semester hours and the 10 years experience required under Section 10D-41.24 (10), of the Florida Administrative Code." Petitioner timely appealed the Department's denial of her application for a supervisor's license in microbiology.

1. During the course of the hearing, Petitioner acknowledged the fact that she failed to satisfy either the sixty-semester-hour requirement or its equivalent in quarter or semester hours (two years of academic study) in an accredited college or university or that she possessed the ten years pertinent experience requirement as set forth in Chapter 10D-41.24 (10), Florida Administrative Code.

   
   

2. However, Petitioner introduced four letters of recommendation written by employees and other supervisors who were familiar with the Petitioner's skills and abilities. It suffices to say that they all spoke highly of Petitioner's qualifications and highly recommended her to take the supervisor examination in microbiology. Petitioner, during the hearing, alluded to numerous persons whom she considered less qualified than she who were permitted to take the supervisory examination based on an overstatement of qualifications in their applications for licensure as a supervisor. Finally, Petitioner felt that her honesty alone prevented her from being permitted to take the supervisory examination Petitioner expressed her opinion that based on her observation of the clinical supervisors and the duties to which she is assigned, she considered herself as qualified, if not more qualified than those she observed.

   
   

3. Respondent does not question Petitioner's ability to fulfill supervisory functions; however, it hastens to add that it has no authority to waive the qualifications for supervisory laboratory personnel as set forth in Chapter 10D-41.24(10), Florida Administrative Code.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties to this action.

   
   

5. The parties were duly noticed pursuant to the notice provisions of Chapter 120.57(1), Florida Statutes.

   
   

6. The authority of the Respondent is derived from Chapter 483, Florida Statutes, and the rules and regulations promulgated thereunder in Chapter 10D-4, Florida Administrative Code.

   
   

7. Insufficient evidence was offered to establish that the Petitioner is entitled to take the supervisory examination inasmuch as she failed to fulfill the requirements as set forth in Chapter 10Do-41.24(10), Florida Administrative Code.

RECOMMENDATION

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

RECOMMENDED:

That the Petitioner's appeal of the Respondent's determination that she is ineligible to take the supervisory examination be DENIED.

DONE and ENTERED this 6th day of August, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ms. Ellen Moldoff 3690 Inverrary Drive

Lauderhill, Florida 33319

Harold Braynon, Esquire District X Legal Counsel Department of Health and

Rehabilitative Services

800 West Oakland Park Boulevard Fort Lauderdale, Florida 33311

Docket for Case No: 79-000648

Orders for Case No: 79-000648