Judges: K. N. AYERS
Agency: Department of Health
Latest Update: Oct. 05, 1987
Summary: Charges of allowing others to practice under respondent's license proved.
87-2653STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF HEARING AID ) SPECIALISTS, )
)
Petitioner, )
)
vs. ) CASE NO. 87-2653
)
RAY BLACK, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by K. N. Ayers, held a public hearing in the above-styled case on September 9, 1987, at Tampa, Florida.
APPEARANCES
For Petitioner: Ray Shope, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Not present or represented.
By Administrative Complaint filed May 28, 1987, the Department of Professional Regulation (DPR), Petitioner, seeks to revoke, suspend, or otherwise discipline the license of T. Ray Black as a Hearing Aid Specialist. As grounds therefor, it is alleged Respondent gave his license to dispense hearing aids to Raymond J. Black to use as his own, assumed sponsorship of Arvina Hines and Raymond J. Black but failed to directly supervise them and assumed sponsorship of Sheila Louise Thomas but failed to directly supervise her. Those actions are alleged to violate Section 404.058(1)(a), (e), (f), and (g), Florida Statutes, and Rule 21JJ-8.03, Florida Administrative Code.
Notice of hearing was mailed to Respondent on July 6, 1987, at 13306 D Connorville Blvd., Tampa, Florida, 33617, the address he gave in his answer to the Administrative Complaint dated June 16, 1987. The notice of hearing was not returned as undelivered by the post office. At the hearing, Petitioner called four witnesses and six exhibits were admitted into evidence. Petitioner was given ten days from the filing of the transcript of those proceedings to submit a proposed recommended order. The transcript was filed September 16, 1987. To date a proposed recommended order has not been filed.
FINDINGS OF FACT
At all times relevant hereto Respondent was licensed as a Hearing Aid Specialist having been issued license number 0000804.
During the period 1985-1986 the license of T. Ray Black was displayed on the wall at East Pasco Hearing Aid Center in Zephyrhills, Florida, but Respondent never worked at this address.
East Pasco Hearing Aid Center is owned and operated by Arvina Hines whose license as a Hearing Aid Specialist was revoked circa 1981. Ms. Hines hired people to work at East Pasco Hearing Aid Center and trained them in selling and fitting hearing aids.
Pamela Strife worked at the East Pasco Hearing Aid Center from 1981 until 1986 and never met Respondent nor did she ever see him at the center. She did see Raymond J. Black and Cynthia Sue Bennett, the father and sister of Respondent, working at the center. Raymond J. Black's license was revoked January 26, 1981.
Arvina Hines submitted an application for training program for Hearing Aid Specialist on April 21, 1986. (Exhibit 5), in which Respondent signed the sponsor affidavit as the sponsor of Ms. Hines. He did not provide any supervision to Hines.
Sheila Louise Thomas submitted as application February 25, 1985, for a training program as a Hearing Aid Specialist (Exhibit 4), on which Respondent signed as sponsor. Ms. Thomas was trained by Ms. Hines. Thomas does not recall completing the application for training, but identified her signature thereon. She has never met Respondent.
Peggy Goodman worked at East Pasco Hearing Aid Center for three weeks in 1985. During the time she was employed she never saw Respondent at the center.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 485.053(1)(f), Florida Statutes, provides that no person shall knowingly employ unlicensed persons in the practice of dispensing hearing aids. Allowing his license to be hung on the wall at East Pasco Hearing Aid Center is the basis for the allegation that Respondent knowingly employed unlicensed persons in the practice of dispensing hearing aids. In this case, Petitioner has the burden to prove, by clear and convincing evidence, that Respondent is guilty of the offenses alleged. Turlington vs. Ferris, 510 So.2d 292 (Fla. 1987). The evidence here presented shows that Respondent aided and abetted an unlicensed person to practice dispensing hearing aids, but does not prove that he employed such persons. Accordingly, a violation of Section 484.053(1)(f) is not shown.
Section 455.227(1), Florida Statutes, authorizes disciplinary action to be taken by the Board if the licensee has made untrue or fraudulent representations in the practice of his profession.
Section 484.056(1), Florida Statutes, establishes various grounds by which disciplinary action against a licensee may be taken. One of these grounds is in violation of Section 455.227(1). By submitting an affidavit that he was sponsoring Sheila Louise Thomas and Arvina Hines and thereafter failed to supervise the training of these trainees Respondent made untrue or fraudulent representations. This same act constitutes a violation of Section 484.056(1)(e) involving filing a report known to be false.
Evidence that Respondent also submitted a false affidavit that he supervised the training of Pamela Ann Strife is disregarded as he was not charged with this offense.
Here the single act of which Respondent has been proven guilty is submitting false affidavits that he supervised trainees that he never saw. The fact that these acts may involve violations of other subsections of Section 484.056(1) is immaterial for punishment purposes as the same act shall be punished but once.
Rule 21JJ-8.01, Florida Administrative Code, requires a sponsor for a Hearing Aid Trainee to assume the responsibility for the direct supervision and education of the trainee and be responsible for and approve all work done by the trainee. Respondent clearly failed to carry out these responsibilities.
From the foregoing, it is concluded that Respondent fraudulently submitted affidavits that he was supervising trainees he did not even know, and that in allowing his license to be used at the East Pasco Hearing Aid Center has was guilty of fraud, deceit, or negligence in the practice of dispensing hearing aids. It is
RECOMMENDED that the license of J. Ray Black as a Hearing Aid dispenser be revoked.
ENTERED this 5th day of October, 1987, in Tallahassee, Florida.
K. N. AYERS 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 5th day of October, 1987.
COPIES FURNISHED:
Ray Shope, Esquire Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
T. Ray Black
13306 D Connorville Blvd. Tampa, Florida 33617
Tom Gallagher Secretary
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Marcelle Flanagan Executive Director
Board of Hearing Aid Specialists
130 North Monroe Street Tallahassee, Florida 32399-0750
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF HEARING AID SPECIALISTS
DEPARTMENT OF PROFESSIONAL )
REGULATION, )
)
Petitioner, )
)
vs. ) CASE NO. 87-2653
) DPR CASE NO. 81243
T. RAY BLACK, ) LICENSE NO. AS 0000804
)
Respondent. )
)
FINAL ORDER OF THE
BOARD OF HEARING AID SPECIALISTS
This matter came before the Board of Hearing Aid Specialists pursuant to Section 120.57(1)(b)9, Florida Statutes, on November 20-21, 1987, in Tampa, Florida, for the purpose of considering the Hearing Officer's Recommended Order (attached as Exhibit A). Petitioner, Department of Professional Regulation, was represented by Ray Shope, Esquire. Respondent was not present and was not represented by counsel. Neither party filed exceptions to the Recommended Order.
Upon review of the Recommended Order, the arguments, and the complete record in this case, the Board makes the following findings and conclusions.
FINDINGS OF FACT
The findings of fact in the Recommended Order are adopted without modification.
CONCLUSIONS OF LAW
The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 460, Florida Statutes.
The conclusions of law in the Recommended Order are adopted without modification.
DISPOSITION
Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Hearing Officer be adopted without modification.
THEREFORE IT IS ORDERED that:
The license of T. Ray Black as a hearing aid specialist is revoked. THIS ORDER TAKES EFFECT UPON FILING with the Clerk of the agency.
THE PARTIES ARE NOTIFIED, pursuant to Section 120.59, Florida Statutes, that they may appeal this Final Order by filing, within thirty days of the filing date of this Order, a notice of appeal with the Clerk of the agency and a copy of the notice of appeal, accompanied by filing fees prescribed by law, with the District Court of Appeal.
ORDERED this 30th day of November, 1987.
BOARD OF HEARING AID SPECIALISTS
June F. Kennedy, Ph.D. Vice-Chairperson
CERTIFICATE OF SERVICE
I CERTIFY that a copy of this Final Order was provided by Certified Mail to
T. Ray Black, 13306 D Connorville Blvd., Tampa, Florida 33617; and by hand delivery to Ray Shope, Esquire, Department of Professional Regulation, 130 North Monroe Street, Tallahassee, Florida, 32301, this 11th day of December, 1987.
LouElla Cook Executive Director
Board of Hearing Aid Specialists
cc: K. N. Ayers
Hearing Officer
Division of Administrative Hearings Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
Docket for Case No: 87-002653
Orders for Case No: 87-002653
