STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL REGULATION, ) BOARD OF OPTICIANRY, )

)

Petitioner, )

)

v. ) CASE NO. 90-7727

)

MAX A. VINSON, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on March 29, 1991, in Jacksonville, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: E. Renee Alsobrook

Senior Attorney

Department of Professional Regulation

1940 North Monroe Street Suite 60

Tallahassee, FL 32399-0792 For Respondent: No Appearance

STATEMENT OF ISSUES

The issue is whether Respondent's opticianry license should be revoked or otherwise penalized based on the acts alleged in the Administrative Complaint.

PRELIMINARY STATEMENT

Respondent, Max A. Vinson, failed to appear for the hearing. After twenty minutes had elapsed, the hearing proceeded without his appearance. The various notices and orders entered in this case were mailed to Vinson's last known address and were not returned by the U.S. Postal Service as "undeliverable."

Petitioner, Department of Professional Regulation (DPR), served Requests for Admissions on Vinson on December 19, 1990. A Motion to Compel was filed and a hearing scheduled for January 29, 1991, was continued to allow Vinson additional time to answer Interrogatories and the Requests for Admissions. A Second Motion to Compel was filed on March 12, 1991. The Motion to Compel was granted and Vinson was ordered to respond to discovery prior to the March 29, 1991, hearing. No responses were filed before the hearing. During the course of the hearing, the Requests for Admissions were deemed admitted.

Petitioner presented six exhibits and had the custodian of the records present at the hearing to testify if necessary. Petitioner waived the filing of a transcript and proposed findings of fact and conclusions of law.

FINDINGS OF FACT

1. Max A. Vinson is currently a licensed optician, holding license No. DO

   601.

   
   

2. On December 24, 1986, the Board of Opticianry entered a Final Order in

   DPR Case No. 0060708 and therein assessed a fine of $500.00 against Vinson. The fine was to have been paid within thirty days of the Final Order.

   
   

3. Vinson never paid the fine.

   
   

4. On October 17, 1989, the Board of Opticianry again entered a Final Order in Case No. 0106315. This Final Order was based on the failure to pay the fine from the first action. Another fine of $1,000.00 was assessed and Vinson's license was suspended until the fines were paid.

   
   

5. Vinson never paid this fine.

   
   

6. Vinson is charged with violating Section 484.014(1)(i), Florida Statutes, based on his failure to obey these two lawful orders of the Board of Opticianry.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction of the parties to and subject matter of these proceedings. Section 120.57(1), Florida Statutes.

   
   

8. Max A. Vinson is guilty of violating Section 484.014(1)(i), Florida Statutes, based on his failure to obey each of these lawful orders of the Board of Opticianry.

   
   

9. No mitigating circumstances have been shown. The willful failure or refusal of Vinson to obey two lawful orders of the Board are aggravatings factor which have been considered in the recommendation made below.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Opticianry enter a Final Order and therein

revoke license No. DO 601 issued to Max A. Vinson. Vinson may not reapply for a license until all fines have been paid.

DONE and ENTERED this 9th day of April, 1991, in Tallahassee, Florida.

DIANE K. KIESLING

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 9th day of April, 1991.

COPIES FURNISHED:

E. Renee Alsobrook, Senior Attorney Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-0792

Max A. Vinson 12512 Caron Drive

Jacksonville, FL 32258

Jack McRay General Counsel

Department of Professional Regulation 1940 North Monroe Street

Tallahassee, FL 32399-0792

LouElla Cook Executive Director Board of Opticianry

1940 North Monroe Street Tallahassee, FL 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this 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 contact the agency that will issue the final order in this case concerning agency 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: 90-007727

Orders for Case No: 90-007727