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STACY L. NORWOOD vs DEPARTMENT OF HEALTH, 99-004945 (1999)

Court: Division of Administrative Hearings, Florida Number: 99-004945 Visitors: 28
Petitioner: STACY L. NORWOOD
Respondent: DEPARTMENT OF HEALTH
Judges: D. R. ALEXANDER
Agency: Department of Health
Locations: Pensacola, Florida
Filed: Nov. 29, 1999
Status: Closed
Recommended Order on Friday, March 17, 2000.

Latest Update: May 19, 2000
Summary: The issue is whether Petitioner received a salary overpayment of $2,209.76 during 1998 and 1999, as alleged by Respondent.Two increases in base pay in the same category within a 12-month period is improper; State is authorized to seek recovery of salary overpayments from employee.
Order.PDF

STATE OF FLORIDA DEPARTMENT OF HEALTH


STACY L. NORWOOD,


Petitioner, DOH/DOAH Case No. 99-4945


vs.


DEPARTMENT OF HEALTH,


Respondent.

/


FINAL ORDER


THIS CAUSE is before me for entry of a Final Order Based upon the Administrative Law Judge's entry of a Recommended Order.


In paragraph fourteen (14) of the Recommended Order, the Administrative Law Judge makes a reference to "special proficiency." However, the record clearly reflects that the Petitioner received pay increases within the "superior proficiency" category. Nevertheless, the use of the term "special" rather than "superior" is simply a scrivener's error. Thus, paragraph fourteen (14) of the Recommended Order is hereby amended to reflect a reference to "superior proficiency. n


In the Recommended Order, the Administrative Law Judge concluded that the Petitioner had received unauthorized salary overpayments. The Administrative Law Judge recommended that the Department enter a Final Order that requires the Petitioner to repay two thousand two hundred nine dollars and seventy-six cents ($2,209.76) under a schedule to be established by the parties. No exceptions were filed. The Recommended Order is approved and adopted, as amended.


Accordingly, it is ORDERED that the Petitioner shall repay the Department of Health two thousand two hundred nine dollars and seventy-six cents ($2,209.76). The Petitioner shall repay this sum pursuant to a repayment schedule that has been mutually agreed upon by the parties. If, however, the parties are unable to agree upon the terms of a repayment schedule by June 30, 2000, the Petitioner shall be required to submit the total

amount due to the Department of Health by no later than July 31, 2000, at the following address: Department of Health, ATTN: Rodney M. Johnson, Chief Legal Counsel, Northwest Law Office, 1295 West Fairfield Drive, Pensacola, FL 32501.


All payments shall be by personal check, money order, or cashier's check made payable to the Escambia County Health Department.


DONE this 16th day of May 2000, in Tallahassee, Florida.


ROBERT G. BROOKS, M.D.

Secretary, Department of Health


By: Richard G. Hunter, Ph.D. Deputy State Health Officer


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS MAY BE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY ACCOMPANIED BY THE FILING FEES REQUIRED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES OR THE FIRST DISTRICT COURT OF APPEAL. THE NOTICE MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THIS FINAL ORDER.


Copies furnished to:


Donald R. Alexander Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-3060


Ann Cole, Clerk

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-3060


Mark A. Bednar, Esquire Post Office Drawer 13146 Pensacola, FL 32501-3146


Rodney M. Johnson Chief Legal Counsel Department of Health Northwest Law Office

1295 West Fairfield Drive Pensacola, FL 32501

Gary Mahoney, Bureau Chief Department of Health

Personnel and Human Resource Management BIN B03

4052 Bald Cypress Way Tallahassee, FL 32399-1731


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been sent by U.S. mail, inter-office mail or by hand-delivery to each of the above-named persons this 18th day of May, 2000.


Anna L. Hart

For Angela Hall, Agency Clerk Department of Health

Office of the General Counsel 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1703

ph. (850)245-4005


Docket for Case No: 99-004945
Issue Date Proceedings
May 19, 2000 Final Order filed.
Mar. 17, 2000 Recommended Order sent out. CASE CLOSED. Hearing held 02/22/2000.
Mar. 13, 2000 (Petitioner) Recommended Order w/cover letter filed.
Mar. 08, 2000 (Petitioner) Proposed Recommended Order (filed via facsimile).
Feb. 22, 2000 CASE STATUS: Hearing Held.
Feb. 16, 2000 Re-Notice of Hearing sent out. (hearing set for February 22, 2000; 1:00 p.m.; Pensacola, Florida)
Feb. 07, 2000 (Petitioner) Response to Order filed.
Feb. 04, 2000 Response to Order (Hearing Dates) (filed via facsimile).
Jan. 28, 2000 (Respondent) Response to Order filed.
Jan. 14, 2000 Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by February 4, 2000.)
Jan. 10, 2000 (Respondent) Certificate of Service filed.
Jan. 04, 2000 (Petitioner) Motion to Continue filed via facsimile) filed.
Dec. 30, 1999 (M. Bednar) Notice of Appearance; Notice of Service of Trial Interrogatories; Request for Production of Documents filed.
Dec. 15, 1999 Notice of Hearing sent out. (hearing set for January 6, 2000; 12:00 p.m.; Pensacola, Florida)
Dec. 13, 1999 (Respondent) Response to Initial Order filed.
Dec. 10, 1999 Letter to Judge from S. Norwood re: Reply to Initial Order (filed via facsimile) rec`d
Dec. 01, 1999 Initial Order issued.
Nov. 29, 1999 Notice; Request for Hearing, Letter Form; Agency Action Letter filed.

Orders for Case No: 99-004945
Issue Date Document Summary
May 18, 2000 Agency Final Order
Mar. 17, 2000 Recommended Order Two increases in base pay in the same category within a 12-month period is improper; State is authorized to seek recovery of salary overpayments from employee.
Source:  Florida - Division of Administrative Hearings

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