STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BRIAN K. CARTER, )

)

Petitioner, )

)

vs. ) CASE NO. 92-5931

)

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

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to written notice, a formal hearing was held in this case on February 1, 1993, at Tallahassee, Florida, before Michael M. Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Mr. Brian K. Carter

421 51st Street

West Palm Beach, Florida 33407

For Respondent: Arthur R. Wiedinger, Jr., Esquire

Assistant Attorney General Department of Legal Affairs The Capitol, Suite 1603

Tallahassee, Florida 32399-1050 STATEMENT OF THE ISSUE

The issue in this case is whether Petitioner, Brian K. Carter, is qualified for licensure as an interior designer pursuant to Section 481.213(3)(a), Florida Statutes, and Rule 21B-22.003(2)(c), Florida Administrative Code.

PRELIMINARY STATEMENT

By letter dated August 17, 1991, the Board of Architecture and Interior Design (the "Board") advised Petitioner that his application to be licensed, without examination, as an interior designer pursuant to Section 281.213(3)(a), Florida Statutes, was denied on the grounds that Petitioner had not sufficiently documented the requisite four years of experience necessary for licensure and furthermore, Petitioner's transcript demonstrated he was deficient in four semester hours of business practice and fifteen semester hours of liberal arts. By letter dated August 24, 1992, Petitioner requested a formal hearing on the Board's decision. The case was referred to the Division of Administrative Hearings (DOAH) which noticed and conducted the hearing.

At the hearing, Respondent stipulated that Petitioner had gained sufficient experience by the time of hearing and that the issue centered on Petitioner's educational credits. The Petitioner testified on his own behalf and also offered three exhibits. Petitioner's Exhibit 1, concerning his business experience, was rejected, but was also included in the record as a rejected exhibit. Petitioner's Exhibit 2, concerning tutoring experience, and Exhibit 3, concerning studio courses, were accepted. Respondent submitted two exhibits, Petitioners' application file and an expert witness deposition of David M. Butler, chairman of the Department of Interior Design at Florida State University.

At the conclusion of the hearing the parties decided not to order a transcript of the proceedings at the hearing. The parties were allowed fourteen days from the date of the hearing within which to submit their respective proposed recommended orders. As of the date of this Recommended Order, the Petitioner has not filed any post-hearing documents. On February 17, 1993, the Respondent filed a proposed recommended order containing proposed findings of fact and conclusions of law. Specific rulings on the proposed findings of fact are contained in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Petitioner filed an application for licensure as an interior designer and paid the appropriate fee.

   
   

2. Petitioner's application was reviewed and on November 18, 1991, the Board sent Petitioner a letter denying licensure on grounds that Petitioner did not have a degree that is accredited by the Foundation of Interior Design Educational Research (F.I.D.E.R.). Furthermore, the Board found Petitioner seven months short of the experience required for licensure. The Board notified Petitioner he could submit additional information to determine the equivalency of his educational curriculum to a F.I.D.E.R. accredited degree.

   
   

3. On May 22, 1992, Petitioner submitted a letter to the Board stating that he had now completed his experience requirement and requesting another review of his educational courses.

   
   

4. At hearing, Respondent stipulated to Petitioner's four years of interior design experience to qualify for licensure.

   
   

5. The Petitioner studied interior design at the Art Institute of Pittsburgh, where he completed a two-year program in 1980. During the course of his studies at the Art Institute of Pittsburgh, the Petitioner completed the equivalent of 1.5 semester hours of study in the field of "business practice". During the course of his studies at the Art Institute of Pittsburgh, the Petitioner did not take any courses in the fields of "diverse post-secondary level liberal arts, sciences, and humanities."

   
   

6. The Petitioner has not completed any post-secondary level courses in "business practice" or in "liberal arts, sciences, and humanities" since receiving his degree in 1980. Since that time the Petitioner has taken two courses in sculpting clay and two courses in sculpting stone. All four of these courses involved hands-on work in the studio learning and practicing practical skills. There is insufficient evidence in the record to determine whether these four courses were the equivalent of college level courses and, if so, how many semester hours they might be equivalent to.

7. Since receiving his degree in 1980, the Petitioner has, on at least two occasions, tutored other students in areas related to interior design. There is insufficient evidence in the record to determine whether these tutoring activities were the equivalent of college level courses and, if so, how many semester hours they might be equivalent to.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings. Section 120.57, Florida Statutes.

   
   

9. Section 481.213, Florida Statutes, provides, in pertinent part, as follows:

   
   

   481.213 Licensure

   
   

   1. The department shall licensure any applicant who the board certifies is qualified for licensure and who has paid the initial licensure fee.

   2. The board shall certify for licensure by examination any applicant who passes the prescribed licensure examination and satisfies the requirements of Section 481.209 and

   481.211 for architects, or the requirements of

   s. 481.209 for interior designers.

   
   

10. Section 481.209(2), Florida Statutes, governing interior designers provides:

    
    

    1. A person desiring to be licensed as a registered interior designer shall apply to the department for licensure. The department shall administer the licensure examination for interior designers to each applicant who has completed the application form and remitted the application and examination fees specified in s. 481.207 and who the board certifies:

       1. Is a graduate from an interior design program of 5 years or more and has completed 1 year of diversified interior design experience;

       2. Is a graduate from an interior design program of 4 years or more and has completed 2 years of diversified interior design experience;

       3. Has completed at least 3 years in an interior design curriculum and has completed 3 years of diversified interior design experience; or

       4. Is a graduate from an interior design program of at least 2 years and has completed

          4 years of diversified interior design experience.

          All such education shall have been obtained in a program, school, or college of interior

          design accredited by the Foundation for Interior Design Education Research or in an unaccredited program, school, or college of interior design approved by the board. The board shall adopt rules providing for the review and approval of unaccredited programs, schools, and colleges of interior design and courses of interior design study based on a review and inspection by the board of the curriculum of accredited programs, schools, and colleges of interior design in the United States, including those programs, schools, and colleges accredited by the Foundation for Interior Design Education Research. The board shall adopt rules providing for the review and approval of diversified interior

          design experience required by this subsection.

          
          

11. The Board's rule governing educational requirements for interior designers is found in Rule 21B-22.003, Florida Administrative Code. It provides, as does Section 481.209, Florida Statutes, that several levels of degree beginning with a two year degree are acceptable for licensure depending on experience. Subsection (c) of that Rule, governing two year degree programs, provides in pertinent part:

    
    

    (c) The 2 year degree program which meets the requirements of Section 481.209(2)(d), Florida Statutes exists where the program offers the common body of knowledge of interior design education through course work as detailed in student achievements to follow. Requirements consist of an accumulation of not less than 60 semester, or equivalent, credit hours including a minimum of 15 semester, or equivalent, credit hours of diverse

    post-secondary level liberal arts, sciences and humanities obtained at an institution which has been recognized by the appropriate regional or national institutional accrediting body. The 2 year degree program shall consist of the following pattern with a minimum of 45 semester, or equivalent, credit hours in interior design, or related course work:

    * * *

    6. Business Practice: An awareness of specifications. An understanding of the interior design profession and organization, business organizations and operations, sales, estimating and installation, schedules and documentation; 6-9 semester, or equivalent, credit hours.

    * * *

    1. The evaluation of an applicants transcript shall include a determination of whether such transcript is comparable to the above mentioned models. Equivalency of credit hours shall be determined by dividing quarter

    credit hours by 1.5 to convert to semester credit hours.

    
    

12. The foregoing rule, which has not been challenged in this proceeding, clearly requires a minimum of 6 semester hours of business practice and 15 semester hours of liberal arts.

    
    

13. Since this is a case which Petitioner is seeking to establish his qualifications for licensure without examination, the Petitioner has the burden of establishing his qualifications by a preponderance of the evidence. Florida Department of Transportation v. J.W.C., Inc., 396 So.2d 778, 788 (Fla. 1st DCA 1981); Balino v. Department of Health and Rehabilitative Services, 348 So.2d (Fla. 1st DCA 1977).

    
    

14. The Petitioner has failed to show by a preponderance of the evidence that his formal education includes at least 6 semester credit hours of "business practice," and at least 15 semester credit hours of "diverse post-secondary level liberal arts, sciences and humanities." The Petitioner argues that he should be given equivalent educational credit for his sculpture courses and his tutoring activities. His argument in this regard must be rejected because the evidence is insufficient to show that those courses and activities were the equivalent of college level course work. And, if equivalent, the evidence is insufficient to show how many hours of college credit those courses and tutoring activities would represent. Therefore, the evidence is insufficient to establish that the Petitioner meets the required educational requirements.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Architecture and Interior Design enter a Final Order denying Petitioner licensure as an interior designer.

DONE AND ENTERED this 26th day of February, 1993, in Tallahassee, Leon County, Florida.

MICHAEL M. PARRISH

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of February, 1993.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-5931

The following are my specific rulings on all proposed findings of fact submitted by all parties.

Proposed findings submitted by Petitioner:

(None)

Proposed findings submitted by Respondent: Paragraphs 1, 2, and 3: Accepted.

Paragraph 4: Accepted in substance.

Paragraphs 5 and 6: Rejected as constituting conclusions of

law, rather than proposed findings of fact.

Paragraph 7: Accepted in substance.

COPIES FURNISHED:

Mr. Brian K. Carter

421 51st Street

West Palm Beach, Florida 33407

Arthur R. Wiedinger, Jr., Esquire Department of Legal Affairs

The Capitol, Suite 1603 Tallahassee, Florida 32399-1050

Angel Gonzalez, Executive Director

Board of Architecture and Interior Design 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street

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 ten 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: 92-005931

Orders for Case No: 92-005931