STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

)

SANDY SOLANO, )

)

Petitioner, )

)

vs. ) CASE NO. 89-771

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Lake City, Florida, before Robert T. Benton II, Hearing Officer of the Division of Administrative Hearings, on June 26, 1989. Neither petitioner Sandy Solano nor anybody on his behalf appeared at hearing.

APPEARANCE

Charles G. Gardner, Esq.

For Respondent: Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahasse, Florida 32399-0458

ISSUE

Whether petitioner should be deemed to have abandoned his position of employment with the Department of Transportation, under the provisions of Rule 22A-7.010(2), Florida Administrative Code?

FINDINGS OF FACT

On December 6, 7 and 8, 1988, Sandy Solano was absent from his job at the Department of Transportation without leave.

CONCLUSIONS OF LAW

Rule 22A-7.010(2), Florida Administrative Code, creates a rebuttable presumption that an employee who is absent from work for three consecutive work days without leave has "abandoned the position and . . . resigned from the Career Service." Rule 22A-7.010(2), Florida Administrative Code. See Hadley v. Department of Administration, 411 So. 2d 184 (Fla. 1982); Cook v. Division of Personnel, Department of Administration, 356 So.2d 356 (Fla. 1st DCA 1978).

Since no evidence was offered to rebut the presumption of abandonment, respondent's proof of three consecutive, unauthorized days of absence established its case.

RECOMMENDATION

It is, accordingly, RECOMMENDED:

That the Department of Administration enter a final order deeming petitioner to have abandoned his career service position with respondent.

DONE AND ENTERED this 18th day of July, 1989, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of July, 1989.

Copies furnished:

Sandy Solano Route 1, Box 5

Elkton, Florida 32033

Charles G. Gardner, Esq. Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahasse, Florida 32399-0458

Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street

Tallahassee, FL 32399-0458

Andrew J. McMullian, Secretary Department of Administration

435 Carlton Building Tallahassee, FL 32399-1550

Docket for Case No: 89-000771

Orders for Case No: 89-000771