STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LORAINE RUHL, )

)

Petitioner, )

)

vs. ) CASE NO. 91-4642

) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Crawfordville, Florida, before Robert T. Benton, II, Hearing Officer for the Division of Administrative Hearings, on December 10, 1991.

APPEARANCES

For Petitioner: Harold D. Lewis, Esquire

Department of Health and Rehabilitative Services

2639 North Monroe Street Suite 200-A

Tallahassee, Florida 32399-2949

For Respondent: Loraine Ruhl, pro se

Rural Route 5, Box 2815

Crawfordville, Florida 32327 STATEMENT OF THE ISSUES

Whether petitioner overpaid respondent $162.50 during the pay period November 9, 1990, through November 22, 1990?

PRELIMINARY STATEMENT

By letter dated December 18, 1990, Joseph Kennedy, a senior personnel manager for petitioner Department of Health and Rehabilitative Services (HRS) gave respondent "official notification that [she] w[as] overpaid 32 hours upon [her] termination from employment with HRS District 2 on November 16, 1990." Citing Rule 22K-10.05(2), Florida Administrative Code, the letter demands that respondent pay HRS $136.23, alleging that she "should have been paid [for] 48 hours for the pay period of November 9 through November 22, 1990," instead of receiving 80 hours' pay.

FINDINGS OF FACT

1. Before formal fact finding began, the parties agreed that respondent Loraine Ruhl worked a full day on November 9, 1990, a full week the following

   week November 12 through 16, 1990, not at all the next week November 19 through 23, 1990 (which was the week of Thanksgiving), and thereafter for only one hour on November 28, 1990, after which she left HRS' employment.

   
   

2. The parties agreed that she should receive four hours' sick leave and four hours' annual leave for November 21, 1990, instead of for November 19, 1991, and that she should receive leave without pay for November 19, 20, 26, 27 and the early morning of November 28, 1990, before she reported for work.

   
   

3. The parties agreed that HRS overpaid Ms. Ruhl by paying her for fifteen hours she did not work and for which she did not have paid leave. Because HRS forwarded money to the Internal Revenue Service on Ms. Ruhl's behalf, she agreed to repay HRS the gross pay HRS paid her in error for these fifteen hours; and to do so within thirty (30) days of final agency action in this matter, assuming timely notice.

   
   

   CONCLUSIONS OF LAW

   
   

4. Since HRS referred respondent's hearing request to the Division of Administrative Hearings, in accordance with Section 120.57(1)(b)3., Florida Statutes (1990 Supp.), "the division has jurisdiction over the formal proceeding." Section 120.57(1)(b)3., Florida Statutes (1990 Supp.).

   
   

5. But the parties are authorized, in accordance with Rule 22I-6.033(2), Florida Administrative Code, to make "informal disposition . . . of any proceeding by stipulation, agreed settlement, or consent order." Section 120.57(3), Florida Statutes (1990 Supp.) Such a settlement was agreed on the record in this case.

RECOMMENDATION

It is, accordingly, RECOMMENDED:

That HRS enter a final order effectuating the parties' settlement and take any other steps necessary to effectuate the settlement.

DONE and ENTERED this 12th day of December, 1991, 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 December, 1991.

COPIES FURNISHED:

Sam Power, Agency Clerk Department of Health and

Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, FL 32399-0700

John Slye, General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, FL 32399-0700

Harold D. Lewis, Esquire Department of Health and Rehabilitative Services 2639 North Monroe Street

Suite 200-A

Tallahassee, FL 32399-2949

Loraine Ruhl

Rural Route 5, Box 2815

Crawfordville, FL 32327

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. 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: 91-004642

Orders for Case No: 91-004642