STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KIMBERLY L. THOMAS, )

)

Petitioner, )

)

vs. ) CASE NO. 88-2373

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above matter was heard before the Division of Administrative Hearings by its duly designated Hearing Officer, Don W. Davis, on September 2, 1988 in Miami, Florida. The following appearances were entered:

APPEARANCES

FOR PETITIONER: No Appearance

FOR RESPONDENT: Charles G. Gardner, Esquire

Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458 BACKGROUND

This matter began on April 15, 1988, when Respondent notified Petitioner that her employment would be terminated since she was deemed to have abandoned her position of employment in the career service as a result of her absence from work without authorized leave for the period April 8-15, 1988. Petitioner contested Respondent's intended action and this formal administrative hearing ensued.

Petitioner did not appear at the formal hearing and was not represented. Respondent presented testimony of two witnesses and four evidentiary exhibits. Proposed findings of fact submitted by Respondent are addressed in the appendix attached to this recommended order. Petitioner failed to timely submit any proposed findings of fact and none had been received by the undersigned at the time of preparation of this recommended order.

Based upon all of the evidence, including the candor and demeanor of the witnesses who testified, the following findings of fact are determined:

FINDINGS OF FACT

1. Petitioner was a career service employee of Respondent at all times pertinent to these proceedings.

2. Petitioner failed to report to work as scheduled on April 8, 11, 12, 13 and 14, 1988.

   
   

3. Petitioner was absent from work without authorized leave for more than three consecutive work days.

   
   

4. Petitioner was aware that after an unauthorized absence from work for three consecutive work days Respondent would consider her to have abandoned her position and to have resigned from the career service employment system of the State of Florida.

   
   

5. Petitioner was duly notified by Respondent that she had been deemed to have abandoned her position.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding, and the parties thereto, pursuant to subsection 120.57(1), Florida Statutes.

   
   

7. Rule 22A-7.010(2)(a), Florida Administrative Code, provides in pertinent part that "an employee who is absent without authorized leave of absence for three (3) consecutive work days shall be deemed to have abandoned the position and to have resigned from the career service."

   
   

8. The proof establishes that Petitioner was absent for five consecutive work days from her position of employment with Respondent without authorized leave. As a result, Petitioner abandoned her position of employment within the definition set forth in Rule 22A-7.010(2)(a), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered by the Department of

Administration concluding that Petitioner abandoned her position in the career service due to her failure to report to work, or request leave for the period of April 8-14, 1988.

DONE AND ENTERED this 28th day of September, 1988, in Tallahassee, Leon County, Florida.

DON W. DAVIS

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 September, 1988.

APPENDIX

The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by Respondent.

Petitioner did not submit proposed findings.

RESPONDENT'S PROPOSED FINDINGS

1. Adopted in finding 1.

2. Addressed in finding 2.

3. Addressed in finding 3.

4.-5. Addressed in findings 3-5.

COPIES FURNISHED:

Larry D. Scott, Esquire Department of Administration

435 Carlton Building Tallahassee, Florida 32399-1550

Kimberly L. Thomas

15025 Southwest 106th Avenue Miami, Florida 33176

Vernon L. Whittier, Jr., Esquire Department of Transportation

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458

Adis Vila Secretary

Department of Administation

435 Carlton Building Tallahassee, Florida 32399-1550

Augustus D. Aikens, Jr., Esquire General Counsel

Department of Administration

435 Carlton Building Tallahassee, Florida 32399-1550

Kaye N. Henderson, P.E. Secretary

Department of Transportation (Attn: Eleanor F. Turner, M.S. 58) Haydon Burns Bldg.

Tallahassee, Florida 32399-0450

Docket for Case No: 88-002373

Orders for Case No: 88-002373