STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

)

Petitioner, )

)

vs. ) CASE NO. 89-5814

)

GLADYS DOZIER, )

)

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing officer, K. N. Ayers, held a hearing in the above-styled case on January 11, 1990, in St. Petersburg, Florida.

APPEARANCES

For Petitioner: Thomas C. Caufman, Esquire

701 94th Avenue North

St. Petersburg, Florida 33702 For Respondent: Not present or represented.

STATEMENT OF THE ISSUES

Whether Respondent resigned from her position in Career Service by abandonment while employed by the Department of Health and Rehabilitative Services.

PRELIMINARY STATEMENT

By letter received at the Division of Administrative Hearings on October 26, 1989, Gladys Dozier, Respondent, requested an administrative hearing to challenge the determination that she had abandoned her position at the Department of Health and Rehabilitative Services (HRS). On November 3, 1989, a Notice of Hearing was issued scheduling the case for hearing on January 11, 1990. A copy of this Notice was mailed to the address given by Respondent in her request for hearing and was not returned undelivered by the postal authorities. After the time scheduled for the commencement of the hearing, the HRS employer who had been the supervisor of Ms. Dozier, at the request of the Hearing Officer, telephoned a number she had for the Respondent. She reported that she had talked to Respondent's mother and that Respondent had not planned to appear at the hearing. After waiting a few more minutes, the hearing commenced. Respondent then called two witnesses and 4 exhibits were admitted into evidence.

FINDINGS OF FACT

1. Prior to August 7, 1989, Gladys Dozier was employed by HRS as a clerk typist. On this date she was absent without authorized leave.

   
   

2. On August 7, Respondent called her supervisor to tell her that she wasn't feeling well and would be late coming in. She came in at 9:57 a.m., and at 11:15 a.m. told her supervisor she wasn't feeling well and needed to go home. She left work around 11:20 a.m.

   
   

3. On August 8, Respondent again called her supervisor to advise her that she wasn't feeling well but would come in later that morning. Respondent did not come to work that day and was not authorized leave.

   
   

4. On August 9, Respondent again called in to say she wasn't feeling well and would not be in for the remainder of the week, but would report to work on August 14, 1989. She was then advised that she needed to bring in a medical statement from her doctor that she was unable to come to work those days she had missed. On August 11, 1989, Respondent again called the office and was reminded that she needed a medical statement for the time she had been absent.

   
   

5. By certified letter dated August 15, 1989, and received by Respondent on August 16, 1989, Respondent's immediate supervisor, Mary Simmons, advised Respondent that she was expected at work not later than August 17, 1989, that the medical statement she had sent to the office August 14, 1989 was insufficient to justify more than one day's absence and that if she did not return to work by August 17, 1989, action would be taken to terminate her employment with HRS. Respondent did not return to work.

   
   

6. By certified mail dated September 6, 1989 Respondent was advised that she had been absent from work without approved leave since August 14, 1989 and that pursuant to Rule 22A-7.010(2)(c), Florida Administrative Code, she is deemed to have abandoned her position with HRS and to have resigned from the career service system as of the close of business September 7, 1989.

   
   

7. Thereafter Respondent submitted her undated letter which was received at the Division of Administrative Hearings on October 26, 1989, and these proceedings followed.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

9. Rule 22A-7.010(2)(a), Florida Administrative Code, provides in pertinent part:

   
   

   An employee who is absent without authorized leave of absence for 3 consecutive workdays shall be deemed to have abandoned the posi- tion and to have resigned, from the Careers Service.

   
   

10. Here the evidence is uncontradicted that Respondent was absent from her position from August 8, 1989 when she failed to report to work and has not returned since that time. Respondent was advised both orally and in writing that she needed documentation from a physician that she was physically unable to

    perform her duties at HRS during the days she was absent. Respondent never provided such documentation.

    
    

11. Respondent, by her absence without authorization, is deemed to have resigned pursuant to Rule 22A-7.010(2)(a), Florida Administrative Code. Department of Transportation v. Clancy, 521 So.2d 376 (Fla. 2nd DCA 1988).

    
    

12. From the foregoing, it is concluded that Gladys Dozier was absent without proper authority from her position with HRS for more than 3 consecutive days and thereby abandoned her position and resigned from the Career Service.

RECOMMENDATION

It is recommended that the appeal of Gladys Dozier from the determination by HRS that she abandoned her position with the department be dismissed and her resignation from the Career Service be affirmed.

ENTERED this 17th day of January, 1990, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of January, 1990.

COPIES FURNISHED:

Thomas C. Caufman, Esquire Aletta Shutes Department of Health and Secretary

Rehabilitative Services Department of Administration 701 94th Avenue North 435 Carlton Building

St. Petersburg, FL 33702 Tallahassee, FL 32399-1550

Gladys Dozier Augustus D. Aikens, Jr.

2032 Quincy Street General Counsel

St. Petersburg, FL 33711 Department of Administration

435 Carlton Building William A. Frieder, Esquire Tallahassee, FL 32399-1550 Department of Administration

435 Carlton Building Tallahassee, FL 32399-1550

Sam Power Clerk

Department of Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, FL 32399-0700

John Miller General Counsel

Department of Health and Rehabilitative Services

1323 Winewood Boulevard

Tallahassee, FL 32399-0700

Docket for Case No: 89-005814

Orders for Case No: 89-005814