STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RECOMMENDED ORDER OF DISMISSAL

Upon due notice, a disputed-fact hearing was convened in this case on September 19, 2008, in Tallahassee, Florida, before Ella Jane P. Davis, a duly-assigned Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No appearance For Respondent: Steve Pichard

AAA Tree Experts, Inc. 3610 North Monroe Street

Tallahassee, Florida 32303

STATEMENT OF THE ISSUE

Whether Respondent committed an unlawful employment practice against Petitioner on the basis of race.

PRELIMINARY STATEMENT

Following a Determination: No Cause by the Florida Commission on Human Relations and a timely-filed Petition for

Relief, this cause was referred to the Division of Administrative Hearings on June 25, 2008.

FINDINGS OF FACT

1. Neither party responded to the Initial Order herein.

   
   

2. On July 14, 2008, a Notice of Hearing and Order of Pre- Hearing Instructions were entered. The final hearing was scheduled for 9:30 a.m., September 19, 2008.

3. Neither party complied with the Order of Pre-Hearing Instructions.

4. On or about September 15, 2008, someone telephoned the Division of Administrative Hearings, represented himself to be the Petitioner, and asked for information on how to withdraw his Petition for Relief. A secretary of the Northern District gave the caller oral directions on how to withdraw a request for hearing.

5. No withdrawal papers have been filed.

   
   

6. At the place, date, and time appointed for final hearing, Petitioner did not appear. However, Respondent, through its corporate principal and president did appear, together with three potential witnesses.

7. Final hearing was convened, and all procedures were explained by the undersigned.

8. A half-hour recess was called, during which the undersigned determined that Petitioner had not contacted the

   undersigned's secretary or the Clerk of the Division with any emergency explanation for his failure to appear.

9. At 10:00 a.m., the docket was sounded in the waiting area, and the hearing was re-convened. Petitioner still had not

   appeared.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this cause, pursuant to Sections 120.569 and 120.57(1), and Chapter 760, Florida Statutes.

11. Herein, Petitioner bears the duty to go forward and the burden of proof. Petitioner having failed to appear has also failed to carry his burden of proof.

12. Under the circumstances, Petitioner cannot prevail.

RECOMMENDATION

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

RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Complaint of Discrimination and the Petition for Relief.

DONE AND ENTERED this 6th day of October, 2008, in Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

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 6th day of October, 2008.

COPIES FURNISHED:

Steve Pichard

AAA Tree Experts, Inc. 3610 North Monroe Street

Tallahassee, Florida 32303

Larry Williams

2529 Vega Drive, No. 346

Tallahassee, Florida 32303

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Larry Kranert, Esquire

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

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: 08-003098

Orders for Case No: 08-003098