STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LAURIE J. RUDOCK, )

)

Petitioner, )

)

vs. ) Case No. 97-5744

)

DEPARTMENT OF INSURANCE )

AND TREASURER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on March 20, 1998, by video teleconference at West Palm Beach, Florida, before Susan B. Kirkland, a duly designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No appearance.

For Respondent: Karuna P. Rao, Esquire

Department of Insurance and Treasurer 612 Larson Building

200 East Gaines Street Tallahassee, Florida 32399-0333

STATEMENT OF THE ISSUE

Whether Petitioner should be allowed to retake the Minimum Standards Certification Examination for a firefighter without repeating the Minimum Standards Course.

PRELIMINARY STATEMENT

By letter dated October 23, 1997, Respondent, Department of

Insurance and Treasurer (Department), notified Petitioner, Laurie J. Rudock (Rudock), she must retake the Minimum Standards

Course before any additional testing could be allowed because she had failed the initial and retake examinations for certification as a firefighter. Rudock requested a formal hearing, and the case was referred to the Division of Administrative Hearings for assignment to an administrative law judge.

At the final hearing, Petitioner failed to appear and did not present any evidence. Respondent's Exhibits 1-6 were admitted in evidence.

FINDINGS OF FACT

1. Petitioner, Laurie J. Rudock (Rudock), failed the practical portion of the initial Minimum Standards Certification Examination for firefighters given on August 12, 1997.

2. Petitioner retook the Minimum Standards Certification Examination on October 13, 1997, and failed that examination.

3. After being duly noticed of the final hearing in this proceeding, Petitioner did not appear at the final hearing and failed to present any evidence.

   CONCLUSIONS OF LAW

   
   

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

5. As an applicant for a license, Petitioner has the general burden to establish entitlement to the license and, in

   the instant case, to demonstrate why she should be permitted to retake the practical examination without retaking the Minimum Standards Course. Department of Transportation v. J.W.C.,

   396 So. 2d 778 (Fla. 1st DCA 1981).

   
   

6. Section 633.35, Florida Statutes, sets forth the criteria for the issuance of a certification of compliance for persons who satisfactorily comply with a specified training program, successfully pass an examination, and possess the qualification for employment as a firefighter.

7. Rule 4A-37.056(6), Florida Administrative Code, sets forth the criteria for passing the examinations for certification as a firefighter and provides:

   1. All tests, both written and practical, given during the training shall require maintenance of a percentage score of not less than 70% on each subject listed in the prescribed 'Minimum Standards Course.' Tests used shall be designed to encompass all significant contents of the subjects being taught.

      1. In order to sit for the examination, the information required by Section 633.34 and 633.35, Florida Statutes, must be furnished to the Bureau of Fire Standards and Training.

      2. State Examinations, consisting of a written and a practical part, shall be administered by a Field Representative of the Bureau of Fire Standards and Training. The 70% score requirement for both written and practical examinations shall prevail in this testing environment as well.

      3. The state examination will be administered at the local training facility. Whenever possible, the Bureau of Fire Standards and Training will schedule the state examination date at the convenience of the training facility.

      4. Only one retake of the examination shall be allowed. Retakes of the practical portion of the examination will be offered only at the Florida State Fire College on the 2nd Monday of January, April, July, and October. Retakes of the written portion of the examination will be offered at the Regional Testing Sites in January, April, July, and October. Students must be pre- registered at least ten (10) working days prior to the date of the examination.

      5. The retake of the Minimum Standards Certification Examination must be taken within six (6) months of the initial examination.

      6. Failing the retake of the Minimum Standards Certification Examination within the prescribed six-month period will result in the individual having to repeat the Minimum Standards Course.

8. Rudock failed the initial and retake of the practical portion of the Minimum Standards Certification Examination and is not entitled to retake the examination without retaking the Minimum Standards Course.

9. Rudock has presented no evidence to establish that she is entitled to retake the practical portion of the Minimum Standards Certification Examination without retaking the Minimum Standards Course.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Petitioner, Laurie J. Rudock, is not entitled to retake the Minimum Standards Certification Examination without first retaking the Minimum Standards Course.

DONE AND ENTERED this 23rd day of March, 1998, in Tallahassee, Leon County, Florida.

SUSAN B. KIRKLAND

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1998.

COPIES FURNISHED:

Bill Nelson

State Treasurer and Insurance Commissioner

Department of Insurance and Treasurer

The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300

Daniel Y. Sumner, General Counsel Department of Insurance

and Treasurer

The Capitol, Plaza Level 26 Tallahassee, Florida 32399-0300

Karuna P. Rao, Esquire Department of Insurance

and Treasurer

612 Larson Building

200 East Gaines Street Tallahassee, Florida 32399-0300

Laurie J. Rudock, pro se

1819 North Victoria Park Road Fort Lauderdale, Florida 33305

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: 97-005744

Orders for Case No: 97-005744