Petitioner: M. SHARMA BRYANT MCALWEE
Respondent: BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Melbourne, Florida
Filed: Feb. 11, 1991
Status: Closed
Recommended Order on Wednesday, June 12, 1991.
Latest Update: Jun. 12, 1991
Summary: The central issue in this case is whether Petitioner is entitled to licensure as an interior designer under the criteria set forth in Section 21, Chapter 88-383, Laws of Florida.Petitioner established her entitlement to licensure without exam based upon her experience as interior designer.
91-0906.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SHARMA BRYANT McALWEE, )
)
Petitioner, )
)
vs. ) CASE NO. 91-0906
)
DEPARTMENT OF PROFESSIONAL )
REGULATION, BOARD OF ) ARCHITECTURE AND INTERIOR DESIGN, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a final hearing in the above-styled matter was held on April 5, 1991, in Melbourne, Florida, before Joyous D. Parrish, a designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:
APPEARANCES
For Petitioner: M. Sharma Bryant McAlwee, pro se
417 Entrance Way
Melbourne, Florida 32940-1863
For Respondent: Arthur R. Wiedinger, Jr.
Assistant Attorney General Department of Legal Affairs Suite 1603--The Capitol Tallahassee, Florida 32399-1050
STATEMENT OF THE ISSUES
The central issue in this case is whether Petitioner is entitled to licensure as an interior designer under the criteria set forth in Section 21, Chapter 88-383, Laws of Florida.
PRELIMINARY STATEMENT
This case began on November 9, 1990, when the Department of Professional Regulation, Board of Architecture and Interior Design (Department), notified the Petitioner that her request to become registered for licensure as an interior designer was denied. The basis for that denial was stated to be Petitioner's failure to show sufficient evidence that she met the requirements set forth in Section 21, Chapter 88-383, Laws of Florida. Thereafter, the Petitioner timely filed a request for an administrative review of the denial and the matter was forwarded to the Division of Administrative Hearings for formal proceedings on February 11, 1991.
At the hearing, the Petitioner testified in her own behalf and presented exhibits numbered 1 through 20 which were admitted into evidence. The Department presented the testimony of Carl Gerken, an architect registered in the State of Florida since 1953. The Department's late-filed exhibit was received and filed with the Division of Administrative Hearings on April 16, 1991.
The transcript of the hearing was filed on April 17, 1991. Both parties filed proposed recommended orders which have been considered in the preparation of this order. Specific rulings on the proposed findings of fact are included in the attached appendix.
FINDINGS OF FACT
Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made:
The Petitioner, M. Sharma Bryant McAlwee, is an applicant for licensure as a registered interior designer. Petitioner sought licensure without examination based upon the procedure described in Section 21, Chapter 88-383, Laws of Florida.
The Department does not dispute that Petitioner timely filed the licensure application pursuant to that section but has alleged that Petitioner failed to establish she meets the relevant criteria for licensure without examination. More specifically, the Department denied the Petitioner's application based upon a purported failure to show at least six years of interior design experience as a principal of a firm offering interior design services. Whether or not Petitioner has passed the examination administered by the National Council for Interior Design Qualifications is unknown. That qualification has not been stated to be at issue in these proceedings.
The Petitioner received a master of arts degree from Western Michigan University in December, 1980. The course work undertaken by Petitioner while at that university included a number of interior design studies. Petitioner's B.S. degree was conferred by Grand Valley State Colleges in 1978.
In March, 1980, Petitioner was employed by Altered Spaces, an interior design company. At that time, Petitioner represented herself to be an interior designer on business cards utilized in her work for that company.
While employed by Altered Spaces, Petitioner prepared several kitchen remodeling designs for Mr. and Mrs. Tammer. Those designs considered the structural support of the existing room together with the windows, doorways and arch. After conferring with the client, Petitioner prepared drawings and sketches to demonstrate her suggestions for the proposed project. Those drawings considered such items as lighting, location of appliances, flooring, and the relocation of counters and sink.
During her employment with Altered Spaces, Petitioner designed several projects where wiring, duct work, and plumbing had to be considered. Additionally, Petitioner proposed color, fabric, and lighting plans for that company's projects.
Petitioner presented copies of bank records from the years 1981, 1982, 1983, and 1984 wherein the account was entitled in Petitioner's name with the designation "Interior Designer."
Petitioner presented copies of occupational license records issued by the City of Indian Harbour Beach, Florida, which indicate Petitioner has been doing business in that community as an interior designer for the years 1989-90 and 1990- 91. The first of those licenses was issued on September 8, 1989.
In 1984-85, Petitioner was associated with a company known as Bizarre Bazaar. The business card for that company indicated "Antiques-Uniques." Petitioner may have engaged in a limited amount of design work while with that company but not to the extent as with her prior association, Altered Spaces.
In 1981, Petitioner worked with the builder of Chinatown Restaurant in Grand Rapids, Michigan. She made adjustments in the floor plans, reworked certain structural elements to facilitate the traffic plan, planned the arrangement of tables, designed a space divider, drew a reflected ceiling plan and designed certain decorative elements.
In 1981, Petitioner designed a wall graphic for Wolverine Tractor Company.
Sometime in 1980 or 1981, Petitioner did a feasibility study for a Middle Eastern restaurant and grocery store in Kalamazoo, Michigan. This project involved the redesign of the floor plan to accommodate the restaurant and store.
Sometime in 1981-1982, Petitioner prepared plans for a basement T.V. room for Mr. Paccari in Michigan. In doing so, she prepared drawings and a color board with samples of carpet, formica and wallpaper.
Petitioner worked on a kitchen project in Grand Rapids, Michigan. In that project, Petitioner drew plans for installing new cabinets, painting, wallpaper and designed some decorative rails. Petitioner's exhibit concerning this project did not include a date but it was probably performed in 1983.
Petitioner's work in 1986 included graphics for a driveway design in Miami.
In 1987, Petitioner drew a space plan for Layton Financial Enterprises.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings.
In licensure proceedings, the applicant, Petitioner, bears the burden of establishing her entitlement to the registration sought.
Section 21, Chapter 88-383, Laws of Florida, provides a procedure for licensure without examination for any person seeking licensure as a registered interior designer. That provision states, in pertinent part:
Any person who applies for licensure as a registered interior designer and remits the application and initial licensure fees within
1 year after the effective date of this act shall be licensed by the department without
taking the written examination or otherwise meeting the qualifications of S. 481.209(2), provided that the applicant:
1. For at least 1 year prior to the effective date of this act, has used or been identified by the title "interior designer" and has maintained a municipal or county occupational license as an interior designer within this state, unless such a license is not required for regular employment as an interior designer or for teaching interior design as provided in this section; and
2. Has passed the examination administered by the National Council for Interior Design Qualifications; or
1. Has used or been identified by the title "interior designer" and has at least 6 years of interior design experience as a principal of a firm offering interior design services; and
2. Has passed the examination administered by the National Council for Interior Design Qualifications.
In this case, the Department has interpreted the six years of experience to mean six years of full-time employment. Additionally, the Department has determined that "interior design experience" requires a showing of experience such as conferring with clients to review their design needs, preparing drawings to depict a space meeting those needs, preparing color boards or their equivalent, outlining electrical and plumbing fixtures, selecting options for furnishings or cabinetry, selecting options for fabrics and paints, and preparing floor plans and reflected ceiling plans with all pertinent data shown.
In this case, Petitioner has shown by a preponderance of the evidence that she has at least six years experience as an interior designer. Additionally, Petitioner has demonstrated she has performed services for clients in each of the areas of experience outlined by the Department's expert, Mr. Gerkin. While it is admitted the Petitioner's experience has been over the course of nonconsecutive years (from 1978-1990), her testimony as to the types of projects and work experience performed over that time has been deemed credible. Further, the statute does not require six consecutive years. Accordingly, it is concluded that the Petitioner's work experience complies with subparagraph (1)(b)1. of the licensure without examination section.
RECOMMENDATION
Based on the foregoing, it is RECOMMENDED:
That the Department of Professional Regulation, Board of Architecture and Interior Design, enter a final order approving Petitioner's application as it meets the criteria set forth in subparagraph (1)(b)1. of the licensure without examination section.
DONE and ENTERED this 12 day of June, 1991, in Tallahassee, Leon County, Florida.
JOYOUS D. PARRISH
Hearing Officer
Division of Administrative Hearings
The DeSoto Building 1230 Apalachee Parkway
Tallahassee, Florida 32301
(904)488-9675
Filed with the Clerk of the Division of
Administrative Hearings this 12th day of June, 1991.
APPENDIX TO RECOMMENDED ORDER CASE NO. 91-0906
RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER:
Paragraphs 1, 5, 6, 7, 9, 10, and 11 are accepted.
Paragraphs 3, 4 and 12 are rejected as recitation of testimony, comment, argument or irrelevant.
The first sentence of paragraph 2 is accepted. The balance is rejected as recitation of testimony.
The first three sentences of paragraph 8 are accepted. The balance is rejected as comment, argument or irrelevant.
RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT:
Paragraphs 1 through 11 are accepted.
The second sentence of paragraph 12 is rejected as irrelevant; otherwise the paragraph is accepted.
The following paragraphs are rejected as argumentative, contrary to the weight of the evidence, a conclusion of law, or irrelevant: 14, 15, 16, 17, 18, 20, 21, 23, 24, 25, 26 and 27.
Paragraphs 13, 19 and 22 are accepted.
COPIES FURNISHED:
M. Sharma Bryant McAlwee
417 Entrance Way
Melbourne, Florida 32940-1853
Arthur R. Wiedinger, Jr. Assistant Attorney General Department of Legal Affairs Suite 1603--The Capitol Tallahassee, Florida 32399-1050
Jack McRay General Counsel
Department of Professional Regulation
1940 North Monroe, Suite 60
Tallahassee, Florida 32399-0792
Patricia Ard, Executive Director Board of Architecture and Interior Design
Department of Professional Regulation 1940 North Monroe, Suite 60
Tallahassee, Florida 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.
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
M. SHARMA BRYANT McALWEE, )
)
Petitioner, )
)
vs. ) CASE NO. 91-0906
)
DEPARTMENT OF PROFESSIONAL )
REGULATION, BOARD OF ) ARCHITECTURE AND INTERIOR DESIGN, )
)
Respondent. )
)
CORRECTED RECOMMENDED ORDER
Pursuant to notice, a final hearing in the above-styled matter was held on April 5, 1991, in Melbourne, Florida, before Joyous D. Parrish, a designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:
APPEARANCES
For Petitioner: M. Sharma Bryant McAlwee, pro se
417 Entrance Way
Melbourne, Florida 32940-1863
For Respondent: Arthur R. Wiedinger, Jr.
Assistant Attorney General Department of Legal Affairs Suite 1603--The Capitol Tallahassee, Florida 32399-1050
STATEMENT OF THE ISSUES
The central issue in this case is whether Petitioner is entitled to licensure as an interior designer under the criteria which allow licensure without examination.
PRELIMINARY STATEMENT
This case began on November 9, 1990, when the Department of Professional Regulation, Board of Architecture and Interior Design (Department), notified the Petitioner that her request to become registered for licensure as an interior designer was denied. The basis for that denial was stated to be Petitioner's failure to show sufficient evidence that she met the requirements set forth in Section 21, Chapter 88-383, Laws of Florida. That section has been amended and is now found in Chapter 89-19, Laws of Florida. Thereafter, the Petitioner timely filed a request for an administrative review of the denial and the matter was forwarded to the Division of Administrative Hearings for formal proceedings on February 11, 1991.
At the hearing, the Petitioner testified in her own behalf and presented exhibits numbered 1 through 20 which were admitted into evidence. The Department presented the testimony of Carl Gerken, an architect registered in the State of Florida since 1953. The Department's late-filed exhibit was received and filed with the Division of Administrative Hearings on April 16, 1991.
The transcript of the hearing was filed on April 17, 1991. Both parties filed proposed recommended orders which have been considered in the preparation of this order. Specific rulings on the proposed findings of fact are included in the attached appendix.
This corrected Recommended Order is entered to include the amendment to Chapter 89-19, Laws of Florida.
FINDINGS OF FACT
Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made:
The Petitioner, M. Sharma Bryant McAlwee, is an applicant for licensure as a registered interior designer. Petitioner sought licensure without examination based upon the procedure described in Section 21, Chapter 88-383, Laws of Florida.
The Department does not dispute that Petitioner timely filed the licensure application pursuant to that section but has alleged that Petitioner failed to establish she meets the relevant criteria for licensure without examination. More specifically, the Department denied the Petitioner's application based upon a purported failure to show at least six years of interior design experience as a principal of a firm offering interior design services. Whether or not Petitioner has passed the examination administered by the National Council for Interior Design Qualifications is unknown. That qualification has not been stated to be at issue in these proceedings.
Moreover, Chapter 89-19, Laws of Florida (the amended act) does not require that examination when sufficient experience can be established.
The Petitioner received a master of arts degree from Western Michigan University in December, 1980. The course work undertaken by Petitioner while at that university included a number of interior design studies. Petitioner's B.S. degree was conferred by Grand Valley State Colleges in 1978.
In March, 1980, Petitioner was employed by Altered Spaces, an interior design company. At that time, Petitioner represented herself to be an interior designer on business cards utilized in her work for that company.
While employed by Altered Spaces, Petitioner prepared several kitchen remodeling designs for Mr. and Mrs. Tammer. Those designs considered the structural support of the existing room together with the windows, doorways and arch. After conferring with the client, Petitioner prepared drawings and sketches to demonstrate her suggestions for the proposed project. Those drawings considered such items as lighting, location of appliances, flooring, and the relocation of counters and sink.
During her employment with Altered Spaces, Petitioner designed several projects where wiring, duct work, and plumbing had to be considered. Additionally, Petitioner proposed color, fabric, and lighting plans for that company's projects.
Petitioner presented copies of bank records from the years 1981, 1982, 1983, and 1984 wherein the account was entitled in Petitioner's name with the designation "Interior Designer."
Petitioner presented copies of occupational license records issued by the City of Indian Harbour Beach, Florida, which indicate Petitioner has been doing business in that community as an interior designer for the years 1989-90 and 1990-91. The first of those licenses was issued on September 8, 1989.
In 1984-85, Petitioner was associated with a company known as Bizarre Bazaar. The business card for that company indicated "Antiques-Uniques." Petitioner may have engaged in a limited amount of design work while with that company but not to the extent as with her prior association, Altered Spaces.
In 1981, Petitioner worked with the builder of Chinatown Restaurant in Grand Rapids, Michigan. She made adjustments in the floor plans, reworked certain structural elements to facilitate the traffic plan, planned the arrangement of tables, designed a space divider, drew a reflected ceiling plan and designed certain decorative elements.
In 1981, Petitioner designed a wall graphic for Wolverine Tractor Company.
Sometime in 1980 or 1981, Petitioner did a feasibility study for a Middle Eastern restaurant and grocery store in Kalamazoo, Michigan. This project involved the redesign of the floor plan to accommodate the restaurant and store.
Sometime in 1981-1982, Petitioner prepared plans for a basement T.V. room for Mr. Paccari in Michigan. In doing so, she prepared drawings and a color board with samples of carpet, formica and wallpaper.
Petitioner worked on a kitchen project in Grand Rapids, Michigan. In that project, Petitioner drew plans for installing new cabinets, painting, wallpaper and designed some decorative rails. Petitioner's exhibit concerning this project did not include a date but it was probably performed in 1983.
Petitioner's work in 1986 included graphics for a driveway design in Miami.
In 1987, Petitioner drew a space plan for Layton Financial Enterprises.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings.
In licensure proceedings, the applicant, Petitioner, bears the burden of establishing her entitlement to the registration sought.
Section 21, Chapter 88-383, Laws of Florida, provides a procedure for licensure without examination for any person seeking licensure as a registered interior designer. That provision states, in pertinent part:
Any person who applies for licensure as a registered interior designer and remits the application and initial licensure fees within 1 year after the effective date of this act shall be licensed by the department without taking the written examination or otherwise meeting the qualifications of s. 481.209(2), provided that the applicant:
1. For at least 1 year prior to the effective date of this act, has used or been identified by the title "interior designer" and has maintained
a municipal or county occupational license as an interior designer within this state, unless such a license is not required for regular employment as an interior designer or for teaching interior design as provided in this section; and
2. Has passed the examination administered by the National Council for Interior Design Qualifications; or
1. Has used or been identified by the title "interior designer" and has at least 6 years of interior design experience as a principal of a firm offering interior design services; and
2. Has passed the examination administered by the National Council for Interior Design Qualifications.
The current law, Chapter 89-19, Laws of Florida, amended Section 21 to provide:
Any person who applies for licensure as a registered interior designer and remits the application and initial licensure fees by January
1, 1990, shall be licensed by the department without taking the written examination or otherwise meeting the qualifications of section 481.209(2), Florida Statutes, provided that the applicant:
1. For at least 1 year prior to October 1, 1988 has used or been identified by the title "interior designer" and has maintained a municipal or county occupational license as an interior designer within this state, unless such a license is not required
for regular employment as an interior designer or for teaching interior design as provided in this section; and
2. Has passed the examination administered by the National Council for Interior Design Qualifications
or its predecessor, the American Institute of Interior Design; or
b. Has used or been identified by the title "interior designer" and has at least 6 years of interior design experience.
Any person who applies for licensure as a registered interior designer and remits the application and initial licensure fees by October 1, 1990, shall be licensed by the department without taking the written examination or otherwise meeting the qualifications of section 481.209(2), Florida Statutes, provided that the applicant:
Was enrolled on June 6, 1988, in an interior design program at a community college, college, university, or professional school within this state; or was enrolled on June 6, 1988, at any other college, university, or professional school, provided that the interior design program is accredited by the Foundation for Interior Design Education Research or is determined by the board to be substantially equivalent to such accredited programs; and
Was graduated from such community college program on or before October 1, 1990, or from such college, university or professional school by October 1, 1992.
A person shall be deemed to have used or been identified by the title "interior designer" within
the meaning of this section if such person demonstrates to the satisfaction of the board that such person
was, either on his own account, which means self-
employed, or in the course of regular employment, rendering or offering to render to another person interior design services as defined in section 481.203(8), Florida Statutes, or was regularly engaged in the teaching of interior design at a college, university, or professional school with a program accredited by the Foundation for Interior Design Education Research or approved by the board.
In this case, the Department has interpreted the six years of experience to mean six years of full-time employment. Additionally, the Department has determined that "interior design experience" requires a showing of experience such as conferring with clients to review their design needs, preparing drawings to depict a space meeting those needs, preparing color boards or their equivalent, outlining electrical and plumbing fixtures, selecting options for furnishings or cabinetry, selecting options for fabrics and paints, and preparing floor plans and reflected ceiling plans with all pertinent data shown.
In this case, Petitioner has shown by a preponderance of the evidence that she has at least six years experience as an interior designer. Additionally, Petitioner has demonstrated she has performed services for clients in each of the areas of experience outlined by the Department's expert, Mr. Gerkin. While it is admitted the Petitioner's experience has been over the course of nonconsecutive years (from 1978-1990), her testimony as to the types of projects and work experience performed over that time has been deemed credible. Further, the statute does not require six consecutive years. Accordingly, it is concluded that the Petitioner's work experience complies with subparagraph (1)(b) 1. of the licensure without examination section.
RECOMMENDATION
Based on the foregoing, it is RECOMMENDED:
That the Department of Professional Regulation, Board of Architecture and Interior Design, enter a final order approving Petitioner's application as it meets the criteria set forth in subparagraph (1)(b) 1. of the licensure without examination section.
DONE and ENTERED this 14th day of June, 1991, in Tallahassee, Leon County, Florida.
JOYOUS D. PARRISH
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32301
(904)488-9675
Filed with the Clerk of the Division of Administrative Hearings this 14th day of June, 1991.
APPENDIX TO CASE NO. 91-0906
RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER:
Paragraphs 1, 5, 6, 7, 9, 10, and 11 are accepted.
Paragraphs 3, 4 and 12 are rejected as recitation of testimony, comment, argument or irrelevant.
The first sentence of paragraph 2 is accepted. The balance is rejected as recitation of testimony.
The first three sentences of paragraph 8 are accepted.
The balance is rejected as comment, argument or irrelevant.
RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT:
Paragraphs 1 through 11 are accepted.
The second sentence of paragraph 12 is rejected as irrelevant; otherwise the paragraph is accepted.
The following paragraphs are rejected as argumentative, contrary to the weight of the evidence, a conclusion of law, or irrelevant: 14, 15, 16, 17, 18, 20, 21, 23, 24, 25, 26 and 27.
Paragraphs 13, 19 and 22 are accepted.
Copies to:
M. Sharma Bryant McAlwee
417 Entrance Way
Melbourne, Florida 32940-1853
Arthur R. Wiedinger, Jr. Assistant Attorney General Department of Legal Affairs Suite 1603--The Capitol
Tallahassee, Florida 32399-1050
Jack McRay General Counsel
Department of Professional Regulation 1940 North Monroe, Suite 60
Tallahassee, Florida 32399-0792
Patricia Ard, Executive Director Board of Architecture and Interior Design
Department of Professional Regulation 1940 North Monroe, Suite 60
Tallahassee, Florida 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: 91-000906
Orders for Case No: 91-000906
| Issue Date |
Document |
Summary |
|
Oct. 28, 1991 |
Agency Final Order
|
|
|
Jun. 12, 1991 |
Recommended Order
|
Petitioner established her entitlement to licensure without exam based upon her experience as interior designer.
|
