STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MANERAM MAHARAJ, )

)

Petitioner, )

)

vs. ) CASE NO. 96-3614S

) DEPARTMENT OF STATE, DIVISION ) OF LICENSING )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing in this case was held on December 11, 1996, by videoconference between Tampa and Tallahassee, Florida, before Carolyn

S. Holifield, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Kristi Reid Bronson, Esquire

Department of State, Division of Licensing The Capitol, Mail Station 4

Tallahassee, Florida 32399-0250 STATEMENT OF THE ISSUE

Whether Petitioner is entitled to licensure as a Class D and G security officer.

PRELIMINARY STATEMENT

Petitioner, Maneram Maharaj (Petitioner), filed an application with Respondent, Department of State, Division of Licensing, for licensure as a Class D and G security officer. By letter dated June 18, 1996, the Department of State, Division of Licensing (Respondent), denied Petitioner's application.

Respondent stated that the denial was based on the following: (1) Petitioner's committing an act of violence or using force on another person which was not for his or that person's lawful protection; and (2) Petitioner's lack of respect for the laws of the state and nation. Petitioner challenged the decision of Respondent and timely requested a formal hearing. By letter dated July 31, 1996, the matter was referred to the Division of Administrative Hearings for assignment of an administrative law judge.

On November 26, 1996, Respondent filed a Motion for Leave to File Amended Denial Letter (Motion). There was no objection by Petitioner and the Motion was granted. The amended denial letter indicated that Petitioner's application was denied based on Petitioner's (1) committing an act of violence or force on another person which was not for his or another person's lawful protection; and

1. being guilty of misconduct in the practice of activities regulated under Chapter 493, Florida Statutes, by making sexual advances toward a fourteen year old student while on duty as a security officer.

   
   

   Petitioner failed to appear at the final hearing and no evidence was presented on his behalf. In light of Petitioner's failure, Respondent elected to offer no evidence or testimony. The proceeding was recorded, but not transcribed. Neither party filed posthearing proposals.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner applied for licensure as a Class D and G security officer. By letter dated June 18, 1996, Respondent denied Petitioner's application.

      
      

   2. The amended denial letter stated that the Respondent's decision to deny Petitioner's application was based on Sections 493.6118(1)(f) and (j), Florida Statutes. Specifically, the denial was because Petitioner (1) committed misconduct in the activities regulated under Chapter 493, Florida Statutes, by making sexual advances toward a fourteen year old student while on duty as a security officer; and (2) committed an act of violence or used force on another person which was not for his or another person's lawful protection. Such contentions put at issue whether Petitioner possessed the requisite "good moral character" required for licensure under Section 493.6106(1)(b), Florida Statutes.

      
      

   3. Petitioner timely requested a formal hearing, after which Respondent referred the matter to the Division of Administrative Hearings. The undersigned noticed the matter for hearing upon the issues cited in the denial letter.

      
      

   4. Petitioner failed to appear at the formal hearing and no evidence was presented on his behalf.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. Section 120.57(1), Florida Statutes.

      
      

   6. The Respondent is charged with the administration and enforcement of Chapter 493, Florida Statutes, which governs private investigative, private security, and repossession services. Pursuant to Section 493.6118(2), Florida Statutes, the Respondent is authorized to deny applications for licenses issued under that chapter if the applicant has committed any of the acts enumerated in Section 493.6118(1), Florida Statutes.

      
      

   7. Section 493.6118(1), Florida Statutes, provides in pertinent part:

      
      

      1. The following constitutes grounds for which disciplinary action specified in subsection (2) may be taken by the department against any . . . applicant regulated by this chapter.

         * * *

         (f) Proof that the applicant or licensee is guilty of fraud or deceit, or of negligence, incompetence, or misconduct, in the practice

         of the activities regulated under this chapter.

         * * *

         (j) Commission of an act of violence or the use of force on any person except in the lawful protection of one's self or another from physical harm.

         
         

   8. According to Sections 493.6118(1)(f) and (j), Florida Statutes, the Respondent may deny an application for Class D and G licensure if the applicant

      (1) is guilty of misconduct in the practice of activities regulated by Chapter 493, Florida Statutes; or (2) commits any act of violence or uses force on any person except in the lawful protection of himself or others from physical harm.

      
      

   9. Petitioner has the burden of proof in this proceeding and must show by a preponderance of evidence that he has met the requirements for licensure as a Class D and G security officer. Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981). By failing to appear and offer proof, Petitioner failed to carry his "burden of presenting evidence of [his] fitness for registration." Department of Banking and Finance v. Stern and Co., 670 So.2d 932, 934 (Fla. 1996).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of State, Division of Licensing, enter a

final order denying Petitioner's application for a Class D and G license.

DONE and ENTERED this 16th day of January, 1997, in Tallahassee, Florida.

CARLOYN S. HOLIFIELD

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-647

Filed with the Clerk of the Division of Administrative Hearings this 16th day of January, 1997.

COPIES FURNISHED:

Kristi Reid Bronson, Esquire Department of State, Division

of Licensing The Capitol, MS-4

Tallahassee, Florida 32399-0250

Maneram Maharaj

1204 Rinkfield Place

Brandon, Florida 33511

Honorable Sandra B. Mortham Secretary of State

The Capitol

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 96-003614

Orders for Case No: 96-003614