STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

REGINALD WHITE, )

)

Petitioner, )

)

vs. ) CASE NO. 91-4855S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above styled case on March 5, 1992, at Tampa, Florida.

APPEARANCES

For Petitioner: Not present or represented For Respondent: Henri C. Cawthon, Esquire

Department of State

Division of Licensing The Capitol, MS #4

Tallahassee, Florida 32399-0250 STATEMENT OF THE ISSUES

Whether Petitioner is qualified for licensure as a security guard.

PRELIMINARY STATEMENT

By letter dated July 5, 1991, the Florida Department of State, Division of Licensing, notified Reginald White, that his application for licensure as a Class "D" Security Officer had been denied based upon his failure to accurately reflect on his application previous criminal charges preferred against him and the results thereof. Petitioner requested a formal hearing to contest the denial and these proceedings followed.

FINDINGS OF FACT

1. The Notice of Hearing was mailed to the last known address of Reginald White, and was not returned as undelivered.

   
   

2. At the commencement of the hearing, Henri C. Cawthon, the attorney for Respondent, stated that on March 4, 1992, he telephoned the residence of White, spoke to one identified as White's roommate, and reminded him of the hearing scheduled for March 5, 1992, and was advised that White would be given that message.

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction of the parties to, and the subject matter of, these proceedings.

   
   

4. In these proceedings the Petitioner has the burden of establishing, by a preponderance of the evidence, his entitlement to the license requested Balino

v. DHRS, 348 So.2d 349 (FL. DCA 1977). Having presented no evidence in these proceedings, Petitioner has failed to meet this burden.

RECOMMENDATION

It is recommended that a Final Order be entered denying Reginald White application for licensure as a Class "D" Security Officer.

DONE and ENTERED this 6th day of March, 1992, in Tallahassee, Florida.

K. N. AYERS 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 6th day of March, 1992.

COPIES FURNISHED:

Henri C. Cawthon, Esquire Assistant General Counsel Department of State Division of Licensing

The Capitol, MS #4 Tallahassee, FL 32399-0250

Reginald White

1320 43 Street South

St. Petersburg, FL 33712

Phyllis Slater, Esquire General Counsel Department of State Division of Licensing The Capitol, PL - 02

Tallahassee, FL 32399-0250

Hon. Jim Smith, Secretary Department of State Division of Licensing

The Capitol, PL - 02 Tallahassee, FL 32399-0250

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: 91-004855

Orders for Case No: 91-004855