STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALAN D. HILL, )

)

Petitioner, )

)

vs. )

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

) CASE NO. 86-5040

Respondent, )

and )

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Co-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 12, 1987 in Miami, Florida. A transcript of the proceedings was received on June 17, 1987.

APPEARANCES

For Petitioner: Alan D. Hill, pro se

5887 Southwest 27th Street Miami, Florida 33155

For Respondent: Chester G. Senf, Esquire

Deputy General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Co-

Respondent: Richard A. Patterson, Esquire

Assistant General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700 ISSUE PRESENTED

The issue presented for decision herein is whether or not Petitioner successfully passed the paramedic examination administered to him during August, 1986, and is therefore eligible for licensure as a paramedic.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, I make the following relevant factual findings:

1. Petitioner is an applicant to be licensed as a paramedic and sit for the August, 1986 paramedic examination.

   
   

2. By correspondence mailed December 3, 1986, Petitioner was advised by an amended grade notification, that he obtained a final score of 76.6.

   
   

3. A score of eighty (80) is required to pass the paramedic examination.

   
   

4. At the outset of the hearing, Petitioner requested that the required score of eighty (80) be waived such that he could successfully pass the examination and be licensed. The undersigned advised Petitioner that he was without authority to waive his achieved score in order that he could be deemed eligible for licensure.

   
   

5. Thereafter, Petitioner claims that the time allotted for taking the examination was insufficient; that the test was stressful and that he suffers from a reading disability, dyslexia, and therefore could not achieve a passing score.

   
   

6. Petitioner has challenged twelve (12) questions on the examination by claiming that he marked the correct answer on his grade sheet. The questions Petitioner has challenged are Questions 8, 13, 28, 36, 41, 59, 61, 110, 120, 144 and 5.

   
   

7. Pursuant to Petitioner's challenge, a review of Petitioner's responses were considered by Respondents and he was deemed to have correctly answered Questions 8 and 28 and was given credit for having marked the correct response. (TR 28-29)

   
   

8. Petitioner was advised that all questions that appear on the examinations were based on information contained in at least one of five reference books as follows:

   
   

   1. Fifteen modular Department of Transportation paramedic curriculum;

   2. Emergency Care in the Streets; 2nd Edition (Nancy L. Caroline, M.D.)

   3. Most Current Advanced Cardiac Life Support Standards; (American Heart Association)

   4. Emergency Care and Transportation of the Sick and Injured; 3rd Edition (American Academy of Orthopaedic Surgeons)

   5. Emergency Care; 3rd Edition (Grant, Murray and Bergeron).

      
      

9. Petitioner was advised that the exam would consist of 150 multiple choice questions in designated areas, and that he would be allotted two and three-fourth hours to complete the examination. All examinees were given identical questions and were afforded an equal amount of time to complete the examination.

10. A review of the challenged questions (by Petitioner) when considered with the answers that he selected indicates that he marked the wrong answers to those questions.

    
    

11. With the exceptions of Questions 8 and 28, questions in which Petitioner was given credit for based on a review of his examination score sheet, Petitioner's score sheet accurately reflects the score that he earned on the August, 1986, paramedic examination.

    
    

12. Petitioner has tendered several letters of recommendation and character references for consideration by the undersigned. Inasmuch as Petitioner's character or on-the-job skills were not at issue herein, such were not considered in reaching a determination herein by the undersigned.

    
    

    CONCLUSIONS OF LAW

    
    

13. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties to this action. Section 120.57(1), Florida Statutes (Supp. 1986).

    
    

14. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

15. Competent and substantial evidence was offered herein to establish that the Petitioner failed to achieve a passing score of eighty (80) on the 1986 paramedic exam administered to him.

    
    

16. Respecting Petitioner's request that the undersigned Hearing Officer waive the four points that he need to achieve a passing score herein, the undersigned is without authority to grant such a waiver. Likewise, the undersigned has no authority to revise the testing conditions to make them less stressful to Petitioner since all applicants labored under the same conditions as Petitioner when taking the examination. Finally, the undersigned is without authority to grant a waiver of Petitioner's grade and declare him eligible based on a claimed reading handicap. Moreover, Section 10B-66.575(2), Florida Administrative Code, provides in pertinent part as follows:

Physically handicapped. A physical disabled person will be allowed to take the written portion of the EMP or paramedic certification examination and will be provided with results, provided that no special assistance is required to complete the written portion of the examination and the applicant complies with 10D-66.56(3)(f) or 10D-66.56(3)(a)(19).

Therefore, if Petitioner in fact has a reading handicap disability such as to disqualify him from completing the exam accurately, it would also disqualify him from becoming a paramedic.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that:

Respondent, Department of Professional Regulation, enter a Final Order finding that Petitioner failed to achieve a passing score of eighty (80) on the paramedic examination administered to him during August, 1986, and therefore find that he is ineligible for licensure as a paramedic for that reason.

RECOMMENDED this 28th day of July, 1987, in Tallahassee, Leon County, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 1987.

COPIES FURNISHED:

Mr. Alan D. Hill

5887 Southwest 27th Street Miami, Florida 33155

Chester G. Senf, Esquire Deputy General Counsel Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Richard Patterson, Esquire Assistant General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Honorable Van B. Poole Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Joseph A. Sole, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 86-005040

Orders for Case No: 86-005040