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MARC ALAN SIEGEL vs DEPARTMENT OF HEALTH, 01-003461 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003461 Visitors: 31
Petitioner: MARC ALAN SIEGEL
Respondent: DEPARTMENT OF HEALTH
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: Aug. 30, 2001
Status: Closed
Recommended Order on Tuesday, February 19, 2002.

Latest Update: Oct. 17, 2019
Summary: The issue in this case is whether Petitioner should have received a passing score on the June 2001 Florida Dental Licensure Examination, notwithstanding Respondent’s determination that he failed the test.Petitioner failed to demonstrate any sufficient legal or factual grounds for setting aside Respondent`s determination that Petitioner had not passed a professional licensure examination.
01003461_282_10172019_15115732_e



MARC A-. SIEGEL,

...


STATE OF FLORIDA

-BOARD OF QENTISTRY


Final Ordet No. OOH..02-0426- Fof-MOA

' FILED DATE· .3 / Z..S/07.,..

! --x

lkpanmml of Jlealth '

By: \ Jic '2,

Deputy Agency Jerk


Petitioner,

vs. -DOAH CASE NO.: 2001-3461

DEPARTMENT OF HEALTH, .,


Respondent.

----------------'

FINAL ORDER

THIS MATTER was heard bv the Board of Dentistry purs ant to Sections 120.569

and 120.57(1 ), Florida Statutes, on March 1, 2002, in Miami, Florida, for consideration· of the Recommended Order entered by John G. Van Laningham, Administrative Law Judge, dated February 19, 2092 (a copy of which is attached as Exhibit Al. Petitioner was not present. Respondent was represented by Cherry Shaw, Senior Attorn y. Upon

consideration of .the Administrative Law Judge's Recommended Order, after review of the

' .

entire· record and haying been otherwise fully advis_e d in its prem ises, the Board makes the


following findings and conclusions.


FINDINGS OF FACT


The Administrative Law Judge's Findings of Fact are approved and adopted and are incorporated herein by reference.

There is competent, substantial evidence to support the Board' s findings.


CONCLUSIONS OF LAW


The. aoard has jurisdiction of the parties and subject matter of this case pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapter 466, Florida Statutes.

. .

The Administrative Law Judge's Conclusions of Law are approved and adopted and

.

are incorporated herein by reference.


https://dohmqa31 .ima geapi.com/axiomp roviewer/viewerN iewDocument ?docume ntld=4774966&a... 10/16/2019

Filed October 17, 2019 3:11 PM Division of Administrative Hearings


The Board ADOPTS the Administrative Law Judge's recommendation. WHEREFORE, it is ORDERED AND ADJUDGED that Petitioner's challenge to the

June 2001 dental licensure examination is without legal or factual merit, andthat Petition er f ailed said examination.

This Final Order becomes effective upon its filing with th.e Clerk for the Department of Health.

The parties are hereby notified that they may appeal thi Fina-l Order by filing one

  • copy of a Notic _e of Appeal with the Clerk of the Department of Health and !)Y filing a filing fee an one copy of a Notice of Appeal wit!°' the District Court of Appeal within thirty (30)

. .

days of the date this Final Order is filed.

BOZ/L

DONE AND ORDERED this t25_#i day of ,t'.r,a..........,.r.._..if\c....,. ,20


FAUSTINO G. GARCIA, D.M.D. CHAIRMAN


.02


CERTIFICATE.OF _S ERVICE


I HEREBY CERTIFY that a true _and·correct copy of the foregoing Final Order has.

been forwarded by United States Mail this ;),t._,

day of Mcvz.C./2


, 20 0 2 , to


3060, a d by hand delivery/interoffice mail to-Oepartment of Health and its counsel.

Marc Alan Siegel, 11701 SW 21" Court, Davie, FL 3 3325; to Cherry A .Shaw, Senior Attorney, Oepart'!lent of Health, 4052 Bald Cypress Way, BIN# A02, Tallahassee, FL 32399- 1703,.to John."G, Van Laningham, Administ rative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Park i!Y, T llahassee, Florida 3 2399-

v Jt.k66


https://dohmqa3 l.imageapi.com/axiomproviewer/viewerN iewDocument?documentid=4774966&a... 10/16/2019


Docket for Case No: 01-003461
Issue Date Proceedings
Oct. 17, 2019 Agency Final Order filed.
Feb. 19, 2002 Recommended Order issued (hearing held November 16, 2001) CASE CLOSED.
Feb. 19, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jan. 10, 2002 Respondent`s Proposed Recommended Order (filed via facsimile).
Jan. 10, 2002 Petitioner`s Proposed Recommended Order filed.
Jan. 10, 2002 Petitioner`s Exhibit #2 filed.
Dec. 17, 2001 Order Granting Additional Time to File Proposed Recommended Orders issued.
Dec. 14, 2001 Letter to Judge Van Laningham from M. Siegal requesting continuance filed.
Dec. 06, 2001 Order Regarding Proposed Recommended Orders issued.
Dec. 05, 2001 Transcript filed.
Nov. 20, 2001 Petitioner`s Exhibits filed.
Nov. 16, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Nov. 09, 2001 Amended Notice of Video Teleconference issued. (hearing scheduled for November 16, 2001; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL, amended as to Video and location).
Nov. 05, 2001 Notice of Respondent`s Witness List (filed via facsimile).
Oct. 18, 2001 Petitioner`s Reply to Respondent`s First Request for Production of Documents filed.
Oct. 18, 2001 Petitioner`s Notice of Filing Answers to Respondent`s First Interrogatories to Petitioner filed.
Sep. 19, 2001 Respondent`s First Interrogatories to Petitioner (filed via facsimile).
Sep. 19, 2001 Respondent`s First Request for Production of Documents (filed via facsimile).
Sep. 19, 2001 Respondent`s Notice of Filing Respondent`s First Request for Discovery (filed via facsimile).
Sep. 14, 2001 Order of Pre-hearing Instructions issued.
Sep. 14, 2001 Notice of Hearing issued (hearing set for November 16, 2001; 9:00 a.m.; Fort Lauderdale, FL).
Sep. 06, 2001 Reply to Initial Order (filed by Petitioner via facsimile).
Aug. 31, 2001 Initial Order issued.
Aug. 30, 2001 Confidential Licensure Examination documents filed.
Aug. 30, 2001 Request for Administrative Hearing filed.
Aug. 30, 2001 Notice (of Agency referral) filed.

Orders for Case No: 01-003461
Issue Date Document Summary
Feb. 19, 2002 Recommended Order Petitioner failed to demonstrate any sufficient legal or factual grounds for setting aside Respondent`s determination that Petitioner had not passed a professional licensure examination.
Source:  Florida - Division of Administrative Hearings

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