Judges: W. MATTHEW STEVENSON
Agency: Agency for Health Care Administration
Latest Update: May 06, 1987
Summary: Application to take medical techincal exam in biology denied. Petitioner failed to show 4 years experience as clinical lab technician.
86-4719STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ROBERTO ACLE, )
)
Petitioner, )
)
vs. ) CASE NO. 86-4719
) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, W. Matthew Stevenson, held a formal hearing in this cause on April 15, 1987 in Miami, Florida. Neither party ordered a transcript of the proceedings. The following appearances were entered:
For Petitioner: No appearance nor representative For Respondent: Leonard Helfand, Esquire
District XI Legal Counsel
401 Northwest 2nd Avenue, Suite 1040 Miami, Florida 33128
FINDINGS OF FACT
By letter dated April 14, 1986, the Respondent denied the Petitioner's application to take the medical technologist examination in microbiology under the provisions of the Florida Clinical laboratory Law, Chapter 483, Florida Statutes because the Petitioner did not show "verification of 4 years pertinent microbiology experience required under Section 10D-41.69(5), Florida Administrative Code."
By letter dated May 6, 1986, the Petitioner disputed the factual allegations contained in the Respondent's letter of denial and requested an administrative hearing.
An informal administrative hearing was held in this cause on August 25, 1986. The hearing officer at the informal proceeding concluded that there were disputed issues of material fact and that the case should be reset for a formal hearing.
On November 26, 1986, the Department of Health and Rehabilitative Services referred the matter to the Division of Administrative Hearings for conduct of a formal administrative hearing.
On February 17, 1987, a Notice of Hearing was mailed to both parties setting this cause for April 15, 1987, in Miami, Florida. The Petitioner's notice was addressed to 461 Lee Drive, Miami Springs, Florida 33166. All
documents within the case file indicate that that is the Petitioner's correct address. The Notice was not returned to the Division of Administrative Hearings by the postal service.
The Petitioner failed to attend the formal hearing, did not send a representative and did not communicate with the undersigned in any way regarding the formal hearing.
After waiting approximately 45 minutes past the scheduled time for commencement of the formal hearing, the hearing was opened and the Respondent indicated that it did not desire to present any evidence. Therefore, no evidence was taken and the hearing was adjourned.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and subject matter of, these proceedings. Section 120.57, Florida Statutes.
The requirements for licensure as a clinical laboratory technologist are set forth in Section 10D-41.69, Florida Administrative Code.
Section 10D-41.69(5), Florida Administrative Code, provides, among other things, that an individual seeking licensure as a Technologist shall have "... at least 4 years of experience as a clinical laboratory Technician."
The Petitioner failed to present any evidence that he meets the qualifications for licensure contained in Section 10D-41.69, Florida Administrative Code.
The burden of proof in this cause is on the Petitioner. In accordance with the general rule applicable in court proceedings, "the burden of proof, apart from statute, is on the party asserting the affirmative of an issue before an administrative tribunal." Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. App. 1 Dist. 1977).
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is,
RECOMMENDED that the Petitioner's application to take the medical technologist examination in microbiology be denied.
DONE and ORDERED this 6th day of day May, 1987 in Tallahassee, Florida.
W. MATTHEW STEVENSON 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 6th day of May, 1987.
COPIES FURNISHED:
Leonard Helfand, Esquire District XI Legal Counsel
401 Northwest 2nd Avenue Suite 1040
Miami, Florida 33128
Robert Acle
461 Lee Drive
Miami Springs, Florida 33166
Gregory L. Coler Secretary
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
John Miller, Esquire Acting General Counsel Department of Health and
Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
Sam Power
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
Docket for Case No: 86-004719
Orders for Case No: 86-004719
| Issue Date |
Document |
Summary |
|
May 06, 1987 |
Recommended Order
|
Application to take medical techincal exam in biology denied. Petitioner failed to show 4 years experience as clinical lab technician.
|
