Petitioner: FRANK J. NORRIS
Respondent: FLORIDA REAL ESTATE COMMISSION
Judges: ROBERT T. BENTON, II
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Nov. 15, 1989
Status: Closed
Recommended Order on Thursday, July 12, 1990.
Latest Update: Jul. 12, 1990
Summary: Whether respondent should grant petitioner's application for licensure as a real estate salesman?Applicant whom Florida Real Estate Commission proposed to deny failed to show for hearing so did not meet burden of proof.
89-6252.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FRANK J. NORRIS, )
)
Petitioner, )
)
vs. ) CASE NO. 89-6252
)
FLORIDA REAL ESTATE, )
COMMISSION, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Jacksonville, Florida before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on June 4, 1990. The Division of Administration received the transcript of proceedings on June 22, 1990. Petitioner did not appear at the hearing.
APPEARANCES
For Petitioner: Manuel E. Oliver, Esquire
Assistant Attorney General
400 West Robinson Street, Suite 212 Orlando, Florida 32801
STATEMENT OF THE ISSUES
Whether respondent should grant petitioner's application for licensure as a real estate salesman?
PRELIMINARY STATEMENT
By letter dated November 6, 1989, respondent's counsel advised petitioner, Frank J. Norris, of the Florida Real Estate Commission's intention to deny petitioner's application on account of "your answer to questions 7 and 8 of the licensing application and/or your criminal record according to the appropriate law enforcement agency, specifically, the denial was based on the following:
Issuance of a worthless check.
Judgment for unpaid debt." After Mr. Norris requested a formal hearing by letter dated October 21, 1989, the Commission referred the matter to the Division of Administrative Hearings for hearing, in accordance with Section 120.57(1)(b)3., Florida Statutes (1989).
FINDINGS OF FACT
At the time and place set for hearing petitioner failed to appear in person or otherwise, and proved no facts in support of his application.
CONCLUSIONS OF LAW
The courts view it "as fundamental that an applicant for a license or permit carries `the ultimate burden of persuasion' of entitlement through all proceedings, of whatever nature, until such time as final action has been taken by the agency." Florida Department of Transportation v. J.W.C. Co. Inc., 396 So.2d 778, 787 (Fla. 1st DCA 1981); Zemour, Inc., v. State Division of Beverage,
347 So.2d 1102 (Fla. 1st DCA 1977) (lack of good moral character found "from evidence submitted by the applicant"). See generally Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). Petitioner has not met his burden here.
RECOMMENDATION
It is, accordingly, RECOMMENDED:
That respondent deny petitioner's application for license as a real estate salesman.
DONE and ENTERED this 12th day of July, 1990, in Tallahassee, Florida.
ROBERT T. BENTON, II
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 12th day of June, 1990.
COPIES FURNISHED:
Darlene F. Keller Division Director Division of Real Estate
400 West Robinson Street Post Office Box 1900 Orlando, FL 32801
Kenneth Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street
Tallahassee, FL 32399-0792
Manuel E. Oliver, Esquire Assistant Attorney General Office of the Attorney General
400 West Robinson Street Orlando, FL 32801
Frank J. Norris 1038 Arco Road, #4
Jacksonville, FL 32211
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FRANK J. NORRIS, )
)
Petitioner, )
)
vs. ) CASE NO. 89-6252
)
FLORIDA REAL ESTATE, )
COMMISSION, )
)
Respondent. )
)
AMENDED RECOMMENDED ORDER
This matter came on for hearing in Jacksonville, Florida before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on June 4, 1990. The Division of Administration received the transcript of proceedings on June 22, 1990. Petitioner did not appear at the hearing.
APPEARANCE
For Petitioner: Manuel E. Oliver, Esquire
Assistant Attorney General
400 West Robinson Street, Suite 212 Orlando, FL 32801
STATEMENT OF THE ISSUES
Whether respondent should grant petitioner's application for licensure as a real estate salesman?
PRELIMINARY STATEMENT
By letter dated November 6, 1989, respondent's counsel advised petitioner, Frank J. Norris, of the Florida Real Estate Commission's intention to deny petitioner's application on account of "your answer to questions 7 and 8 of the licensing appropriate law enforcement agency, specifically, the denial was based on the following:
Issuance of a worthless check.
Judgement for unpaid debt.
After Mr. Norris, requested a formal hearing by letter dated October 21, 1998899, the Commission referred the matter to the Division of Administrative
Hearings for hearing, in accordance with Section 120.57(1)(b)3., Florida Statutes (1989).
FINDINGS OF FACT
At the time and place set for hearing petitioner failed to appear in person or otherwise, and proved no facts in support of his application.
CONCLUSIONS OF LAW
The courts view it "as fundamental that an applicant for a license or permit carries 'the ultimate burden of persuasion' of entitlement through all proceedings, of whatever nature, until such time as final action has been taken by the agency." Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778, 787 (Fla. 1st DCA 1981); Zemour, Inc., v. State Division of Beverage,
347 So.2d 1102 (Fla. 1st DCA 1977) (lack of good moral character found "from evidence submitted by the applicant"). See generally Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). Petitioner has not met his burden here.
RECOMMENDATION
It is accordingly, RECOMMENDED:
That respondent deny petitioner's application for license as a real estate salesman.
DONE and ENTERED this 12th day of July, 1990, in Tallahassee, Florida.
ROBERT T. BENTON, II
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 12th day of July, 1990.
COPIES FURNISHED:
Darlene F. Keller Division Director Division of Real Estate
400 West Robinson Street Post Office Box 1900 Orlando, FL 32801
Kenneth Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street
Tallahassee, FL 32399-0792
Manuel E. Oliver, Esquire Assistant Attorney General Office of the Attorney General
400 West Robinson Street Orlando, FL 32801
Frank J. Norris 1038 Arco Road, #4
Jacksonville, FL 32211
Docket for Case No: 89-006252
Orders for Case No: 89-006252
| Issue Date |
Document |
Summary |
|
Aug. 22, 1990 |
Agency Final Order
|
|
|
Jul. 12, 1990 |
Recommended Order
|
Applicant whom Florida Real Estate Commission proposed to deny failed to show for hearing so did not meet burden of proof.
|
