Judges: WILLIAM J. KENDRICK
Agency: Department of Business and Professional Regulation
Latest Update: Jun. 07, 1985
Summary: Applicant's failure to appear at hearing resulted in order of dismissal since applicant failed to carry burden of proof.
84-4015STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RALPH SHEPPARD, )
)
Petitioner, )
)
vs. ) CASE NO. 84-4015
)
FLORIDA REAL ESTATE ) COMMISSION, DEPARTMENT OF ) PROFESSIONAL REGULATION, )
)
Respondent. )
)
RECOMMENDED ORDER
On November 9, 1984, Petitioner's request for a Section 120.57(1), Fla.
Stat., hearing on the denial of his application for licensure as a real estate salesman was filed with the Division of Administrative Hearings. By notice of hearing dated March 5, 1985, a final hearing was set for 1:00 p.m., June 7, 1985, at Tallahassee, Florida, to consider whether Petitioner was qualified for licensure pursuant to Chapter 475, Florida Statutes. Ralph Armstead, Esquire, on behalf of Respondent, Florida Real Estate Commission, Department of Professional Regulation, was in attendance at the appointed time and place, but Petitioner failed to appear. The proceedings were closed at 1:35 p.m.
The ultimate burden of persuasion as to whether Petitioner's application for licensure as a real estate salesman should be granted rested with Petitioner. See: Rule 28-6.08(3); Florida Department of Transportation v.
J.W.C. Co., 396 So.2d 778 (Fla. 1st DCA 1981). By failing to appear and offer any evidence, Petitioner has failed to carry his burden of proof. Accordingly, it is
RECOMMENDED that a Final Order be entered dismissing the Petition. DONE and ENTERED this 7th day of June, 1985, at Tallahassee, Florida.
WILLIAM J. KENDRICK
Hearing Officer
Division of Administrative Hearings Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301 904/488-9675
FILED with the Clerk of the Division of Administrative Hearings this 7th day of June, 1985.
COPIES FURNISHED:
Ralph Armstead, Esquire Department of Legal Affairs
400 West Robinson Street Suite 212
Tallahassee, Florida 32301
Ralph Sheppard
6120 S.W. 62nd Street Miami, Florida 33143
Harold Huff, Executive Director Florida Real Estate Commission Post Office Box 1900
Orlando, Florida 32802
Fred M. Roche, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Salvatore A. Carpino, Esquire General Counsel
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Docket for Case No: 84-004015
Orders for Case No: 84-004015
| Issue Date |
Document |
Summary |
|
Jun. 07, 1985 |
Recommended Order
|
Applicant's failure to appear at hearing resulted in order of dismissal since applicant failed to carry burden of proof.
|
