STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GONZALO N. PEREZ, )

)

Petitioner, )

)

vs. ) Case No. 98-5645

)

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, ) ELECTRICAL CONTRACTORS LICENSING ) BOARD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on February 23, 1999, at Miami, Florida, before Claude B. Arrington, a duly designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No appearance

For Respondent: R. Beth Atchison, Esquire

Department of Business and Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

STATEMENT OF THE ISSUES

Whether Petitioner is entitled to additional credit for his answers to the Unlimited Contractor Exam administered by Respondent on July 24, 1998.

PRELIMINARY STATEMENT

After he received a failing score on the Unlimited Contractor Exam administered by Respondent on July 24, 1998, Petitioner challenged the grades he was awarded for his responses to several questions. The challenge was referred to the Division of Administrative Hearings, and this proceeding followed.

Pursuant to Notice of Hearing entered January 28, 1999, Petitioner was duly notified that the hearing was scheduled for February 23, 1999, in Miami, Florida. Petitioner was thereafter notified in writing and verbally that the starting time of the hearing was changed from 9:00 a.m. to 10 a.m.

Petitioner did not appear at the formal hearing. Counsel for Respondent and the expert witness for Respondent duly appeared. After waiting for over thirty minutes for the Petitioner appear, the formal hearing was adjourned. Petitioner has made no subsequent contact with the office of the undersigned.

FINDINGS OF FACT

1. Petitioner sat as a candidate for the Unlimited Contractor Exam administered by Respondent on July 24, 1998.

2. Petitioner was duly notified that he received a failing grade on that examination.

3. Thereafter Petitioner timely challenged the scoring of his responses to several questions on the examination.

4. Petitioner was duly notified that the formal hearing in this proceeding was scheduled for February 23, 1999.

5. Petitioner did not appear at the formal hearing. Neither Petitioner nor anyone on his behalf presented any evidence in support of his challenges.

   CONCLUSIONS OF LAW

   
   

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

7. Section 489.516, Florida Statutes, provides that a person must pass the certification examination administered by Respondent prior to being certified by Respondent as an unlimited electrical contractor.

8. Petitioner has the burden of proving by a preponderance of the evidence that he is entitled to additional credit for the responses he identified in his challenge. See Harac v. Department of Professional Regulation, 484 So. 2d 1333 (Fla. 3d DCA 1986); State ex rel. I. H. Topp v. Board of Electrical Contractors for Jacksonville Beach, Florida, 101 So. 2d 583 (Fla. 1st DCA 1958); and State ex rel. Glaser v. J. M. Pepper, 155 So. 2d 383 (Fla. 1st DCA 1963). Petitioner did not meet that burden.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order dismissing challenge.

DONE AND ENTERED this 12th day of March, 1999, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON

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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 12th day of March, 1999.

COPIES FURNISHED:

R. Beth Atchison, Esquire Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Gonzalo N. Perez

9711 Southwest 6th Street Miami, Florida 33174

Ms. Ila Jones, Executive Director Electrical Contractors Licensing Board Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Lynda L. Goodgame, General Counsel Department of Business and

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 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: 98-005645

Orders for Case No: 98-005645