STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARIA ORTEGA, d/b/a A WORLD FOR ) CHILDREN MONTESSORI SCHOOL, INC., )

)

Petitioner, )

)

vs. ) Case No. 00-1469

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

____)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for final hearing before Linda M. Rigot, the assigned Administrative Law Judge of the Division of Administrative Hearings, on August 4, 2000, in Miami, Florida.

APPEARANCES

For Petitioner: did not appear and was not represented For Respondent: Rosemarie Rinaldi, Esquire

Department of Children and Family Services

401 Northwest Second Avenue, Suite N-1014 Miami, Florida 33129

STATEMENT OF THE ISSUE

The issue presented is whether Petitioner's application for a child care license should be approved.

PRELIMINARY STATEMENT

By correspondence dated February 18, 2000, the Department advised Petitioner that her application for a child care license was denied, and Petitioner timely requested an evidentiary hearing regarding that denial. This cause was thereafter transferred to the Division of Administrative Hearings to conduct the evidentiary proceeding.

FINDINGS OF FACT

1. By Notice of Hearing entered April 24, 2000, this cause was scheduled for final hearing on August 4, 2000.

2. The Department was present at the scheduled time with its witnesses.

3. Petitioner did not appear, and no one appeared on her behalf.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter hereof and the parties hereto. Sections 120.569 and 120.57(1), Florida Statutes.

5. An applicant for licensure has the burden to demonstrate entitlement to the license. Dept. of Banking & Finance, Division of Securities & Investor Protection v. Osborne, Stern & Co., 670 So. 2d 932 (Fla. 1996). Since Petitioner failed to appear for the final hearing in this cause,

she has failed to meet her burden of proof. Her application for licensure, therefore, should be denied.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that a final order be entered denying Petitioner's application for a child care license.

DONE AND ENTERED this 9th day of August, 2000, in Tallahassee, Leon County, Florida.

LINDA M. RIGOT

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 9th day of August, 2000.

COPIES FURNISHED:

Maria Ortega

7355 Poinciana Court

Miami Lakes, Florida 33014

Maria Ortega

1281 Southwest 109th Avenue Pembroke Pines, Florida 33025

Rosemarie Rinaldi, Esquire Department of Children and

Family Services

401 Northwest Second Avenue Suite N-1014

Miami, Florida 33129

Virginia A. Daire, Agency Clerk Department of Children and

Family Services

1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700

Josie Tomayo, General Counsel Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

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: 00-001469

Orders for Case No: 00-001469