STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FAUSTINE CHATTMON, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2351

) STATE OF FLORIDA, DEPARTMENT ) OF PROFESSIONAL REGULATION, ) BOARD OF COSMETOLOGY, )

)

Respondent. )

)

RECOMMENDED ORDER

Petitioner had requested a formal Subsection 120.57(1), Florida Statutes, hearing to consider the denial by Respondent of her request to be licensed as a cosmetologist. The denial was premised upon the contention that the Petitioner had failed to attain a satisfactory score on the obligatory license examination given to candidates for licensure.

Respondent requested the Division of Administrative Hearings to conduct the hearing in this cause and a final hearing was scheduled for October 22, 1982.

Prior to the hearing date and, in particular on September 2, 1982, a notice of hearing was forwarded to the parties in this action. That notice set forth that the hearing would be conducted in Room 409 of the Richard P. Daniel Building, 111 Coast Line Drive East, Jacksonville, Florida, commencing at 3:00 P.M., October 22, 1982. The stated purpose for the hearing, as set forth in the notice of hearing, was the consideration of the Petitioner's entitlement to be licensed as a cosmetologist. A statement of supplementary authority was made by order of October 19, 1982, which order was entered in response to a motion by Respondent's counsel.

Petitioner did not appear at the appointed place and at the appointed date and time for hearing and was not in attendance when the hearing was called to order at 3:20 P.M., on October 22, 1982.

At the point of calling the hearing for consideration, neither counsel for Respondent nor the Hearing Officer had been contacted by Petitioner on the subject of her attendance at the hearing. No motion for continuance had been made and no return of the transmittal of the notice of hearing and supplemental statement of authority through ordinary mails had been forthcoming.

A review of Petitioner's request for hearing, the statement of denial of licensure and attendant test results from the licensing examination, as offered in the course of the hearing, Respondent's Exhibits 1 through 3, respectively, led to the conclusion that the burden of proof resided with Petitioner. In view of this obligation on the part of the Petitioner and the Petitioner having failed to attend the final hearing in this cause, it is

RECOMMENDED:

That a final order be entered which dismisses this action with prejudice for lack of prosecution by the Petitioner and as a consequence, failure to make a prima facia showing of entitlement to be licensed as a cosmetologist. The final order should reflect that the pronouncement disallowing the license request does not affect Petitioner's opportunity to make a future application for licensure upon a renewed application and the satisfactory compliance with all licensing requirements.

DONE and ENTERED this 26th day of October, 1982, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of October, 1982.

COPIES FURNISHED:

Ms. Faustine Chattmon

221 Elm Street

Jacksonville, Florida 32204

M. Catherine Lannon, Esquire Department of Legal Affairs The Capitol, Room 1601 Tallahassee, Florida 32301

Samuel R. Shorstein, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Myrtle Aase, Executive Director Board of Cosmetology

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-002351

Orders for Case No: 82-002351