STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALICE MAYE ATKINS, )

)

Petitioner, )

)

vs. ) CASE NO. 91-6983

) DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF ) ARCHITECTURE AND INTERIOR ) DESIGN, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tallahassee, Florida, before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on April 27, 1992. Neither petitioner nor anybody on her behalf appeared.

APPEARANCES

For Petitioner: No appearance

For Respondent: Arthur R. Wiedinger, Jr.

Assistant Attorney General Suite 1603, The Capitol Tallahassee, FL 32399-1050

STATEMENT OF THE ISSUE

Whether petitioner has abandoned her application for licensure as an interior designer?

PRELIMINARY STATEMENT

By letter dated August 21, 1991, respondent advised petitioner that her application for registration or licensure as an interior designer had been denied. The letter stated:

The Board notified you by certified mail, if you did not comply with all the requested information for reconsideration by the deadline, your file would be abandoned. Your deadline has passed and your file remains incomplete.

In accordance with Section 120.60, Florida Statutes, you have the right to request a hearing on the denial of your application. The hearing will be conducted pursuant to Section 120.57(1), F.S. and Rule 22I-6.004, F.A.C.

Petitioner did request a formal hearing, and the matter was referred to the Division of Administrative Hearings for hearing, in accordance with Section 120.57(1)(b)3, Florida Statutes (1991).

FINDINGS OF FACT

1. At the time and place scheduled for hearing petitioner failed to appear and put on proof.

   
   

   CONCLUSIONS OF LAW

   
   

2. The courts view it "as fundamental that an applicant for a license or permit carries 'the ultimate burden of persuasion' of entitlement through all proceedings, of whatever nature, until such time as final action has been taken by the agency." Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778, 787 (Fla. 1st DCA 1981); Zemour, Inc., v. State Division of Beverage,

347 So.2d 1102 (Fla. 1st DCA 1977) (lack of good moral character found "from evidence submitted by the applicant"). See generally Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). Petitioner failed to carry her burden in this case.

RECOMMENDATION

It is, accordingly, RECOMMENDED:

That respondent deny petitioner's application, without prejudice to the filing of a subsequent application.

DONE and ENTERED this 14th day of May, 1992, in Tallahassee, Florida.

COPIES FURNISHED:

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 14th day of May, 1992.

Arthur R. Weidinger, Jr., Esquire Department of Legal Affairs Suite 1603-The Capitol Tallahassee, FL 32399-1050

Alice Maye Atkins

155 Marilyn Drive #47-A Baton Rouge, LA 70815-5609

Angel Gonzalez, Executive Director

Board of Architecture and Interior Design 1940 North Monroe Street

Tallahassee, FL 32399-0792

Jack McRay, General Counsel Department of Professional Regulation 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. 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: 91-006983

Orders for Case No: 91-006983