STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RENEE JENNINGS, )

)

Petitioner, )

)

vs. ) CASE NO. 90-1022

) DEPARTMENT OF PROFESSIONAL ) REGULATION, BARBERS BOARD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Daniel M. Kilbride, Hearing Officer with the Division of Administrative Hearings on April 18, 1990 in Orlando, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: No appearance

For Respondent: Laura Gafney, Esquire

Senior Attorney

Department of Professional Regulation

1940 North Monroe Street Tallahassee, Florida

PRELIMINARY STATEMENT

By application, Petitioner applied to Respondent for a Barbers License. By notice dated November 17, 1990, Respondent denied the application based on Petitioner's failure to successfully complete the practical section of the examination. On February 12, 1990, Petitioner filed a hand written Petition disputing the facts and results and requested a formal hearing under Section 120.57(1), Florida Statutes. This matter was referred to the Division of Administrative Hearings on February 19, 1990. A formal hearing was scheduled for April 18, 1990 in Melbourne, Florida.

The Initial Order was mailed to the Petitioner on February 22, 1990. She responded by letter received March 5, 1990. The formal hearing was thereafter scheduled and the Petitioner in this matter was notified of the scheduling of the formal hearing in accordance with Section 120.57(1), Florida Statutes, at the address furnished by the Petitioner. In accordance therewith the final hearing was convened at the designated location for the hearing: Conference Room, Brevard, County Service Complex, 1515 Sarno Road, Melbourne, Florida, as soon after 1:30 p.m. as this matter could be heard, April 18, 1990. Prior thereto, diligent search and inquiry was made to discover the current

whereabouts of Petitioner, however she could not be located. Respondent was present and was ready to proceed. At 4:00 p.m. the hearing was opened and Petitioner had not appeared. Petitioner presented no evidence.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF FACT

1. Petitioner presented no evidence.

   
   

   CONCLUSIONS OF LAW

   
   

2. 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.

   
   

3. Petitioner sought to overturn the denial of her license to be a barber. Under these circumstances, Petitioner, Renee Jennings, was the party asserting the affirmative of the issue before this administrative tribunal and therefore, she had the burden of proof. Belino vs. Department of Health and Rehabilitative Services, 348 So.2d 349(Fla. 1st DCA 1977). Since no evidence was presented to support her position, Petitioner failed to meet her burden.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Petition of Renee Jennings be DENIED.

DONE AND ENTERED this 26th day of April, 1990 in Tallahassee, Leon County, Florida.

DANIEL M. KILBRIDE

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 26th day of April, 1990.

COPIES FURNISHED:

Laura Gafney, Esquire Senior Attorney

Department of Professional Regulation

Northwood Centre

1940 North Monroe Street Tallahassee, FL 32399-0792

Renee Jennings

138 Aviation Ave., NE Palm Bay, FL 32907

Myrtle Aase Executive Director Barbers Board Northwood Centre

1940 North Monroe Street Tallahassee, FL 32399-0792

Kenneth D. Easley, Esquire General Counsel

Northwood Centre

1940 North Monroe Street Tallahassee, FL 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to the Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency that will issue the final order in this case concerning their rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 90-001022

Orders for Case No: 90-001022