STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JASON WAYNE PARKER, )

)

Petitioner, )

)

vs. ) Case No. 97-0383

) DEPARTMENT OF INSURANCE AND ) TREASURER, )

)

Respondent. )

)

RECOMMENDED ORDER

Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, conducted the final hearing by videoconference in Tallahassee, Florida, on May 30, 1997. The parties, attorneys for the parties, witnesses, and court reporter participated by videoconference in Jacksonville, Florida.

APPEARANCES

For Petitioner: Jason Wayne Parker

8260 Collins Road

Jacksonville, Florida 32244

For Respondent: Elizabeth Arthur

Division of Legal Services 612 Larson Building

200 East Gaines Street Tallahassee, Florida 32399-0333

STATEMENT OF THE ISSUE

The issue is whether the Bureau of Fire Standards and Training of the Division of State Fire Marshall properly denied Petitioner's application for certification as a firefighter.

PRELIMINARY STATEMENT

On December 8, 1995, Petitioner applied for certification as a firefighter. He completed the minimum standards course and earned a passing grade on the written portion of the minimum standards examination. However, he twice failed the practical portion of the minimum standards examination. He challenges his failing grade for the October 1996 retake of the practical examination.

At the hearing, Petitioner called one witness and offered into evidence no exhibits. Respondent called two witnesses and offered into evidence five exhibits, which were all admitted.

The court reporter filed the transcript on July 7, 1997.

FINDINGS OF FACT

1. On December 8, 1995, Petitioner submitted his application for certification as a firefighter. He later passed the written portion of the minimum standards examination for certification as a firefighter. However, he failed the practical portion of the examination.

2. As permitted by law, Petitioner retook the practical portion of the examination on October 14, 1996. He failed the examination a second time and challenges his grade in this proceeding.

3. William George DePauw, Jr., administered the practical examination on October 14, 1996. Mr. DePauw is a certified

   firefighter with over 25 years’ experience. He has administered firefighter certification exams since 1994.

4. A passing score on the practical portion of the examination is 70 points. Mr. DePauw correctly scored Petitioner’s practical portion of the examination at 45 points.

5. For part one of the practical examination, Petitioner properly lost five points for failing to complete the breathing apparatus section within the assigned time, five points for failing to carry the 1 3/4 inch hose properly on his shoulder at all times during the advance, ten points for failing to control the extension ladder, five points for failing to extend fully the extension ladder, and ten points for failing to complete the extension ladder section within the assigned time.

6. For part two of the practical examination, Petitioner properly lost five points for failing to tie clove hitch and half hitch knots and five points for incorrectly breaking a plate glass door at the bottom of the pane.

7. As a result of these deficiencies, Petitioner failed the practical examination.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter. Section 120.57(1), Florida Statutes. (All references to Sections are to Florida Statutes. All references to Rules are to the Florida Administrative Code.)

9. Petitioner has the burden of proof. Department of Transportation v. J. W. C. Company, Inc., 396 So. 2d 778 (Fla. 1st DCA 1981).

10. Section 633.35(2) provides that Petitioner must pass an examination for certification as a firefighter.

11. Rule 4A-37.056(6) authorizes the administration of written and practical examinations and requires a passing grade of 70 percent on each examination.

12. Petitioner has failed to prove that he earned a passing grade on the practical portion of the firefighter minimum standards examination.

RECOMMENDATION

It is

RECOMMENDED that the Division of State Fire Marshall enter a final order denying Petitioner’s request a determination that he passed the practical portion of the minimum standards examination for certification as a firefighter.

DONE AND ENTERED this 3rd day of September, 1997, in Tallahassee, Leon County, Florida.

ROBERT E. MEALE

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) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of September, 1997.

COPIES FURNISHED:

Jason Wayne Parker 8260 Collins Road

Jacksonville, Florida 32244

Elizabeth Arthur

Division of Legal Services 612 Larson Building

200 East Gaines Street Tallahassee, Florida 32399-0333

Daniel Y. Sumner General Counsel

Department of Insurance and Treasurer The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300

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 must be filed with the agency that will issue the final order in this case.

Docket for Case No: 97-000383

Orders for Case No: 97-000383