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MARCUS BROWN vs AGENCY FOR PERSONS WITH DISABILITIES, 15-001743EXE (2015)

Court: Division of Administrative Hearings, Florida Number: 15-001743EXE Visitors: 6
Petitioner: MARCUS BROWN
Respondent: AGENCY FOR PERSONS WITH DISABILITIES
Judges: D. R. ALEXANDER
Agency: Agency for Persons with Disabilities
Locations: Orlando, Florida
Filed: Mar. 26, 2015
Status: Closed
Recommended Order on Wednesday, June 17, 2015.

Latest Update: Jan. 31, 2025
Summary: Petitioner failed to provide clear and convincing evidence of rehabilitation or that agency abused its discretion.
KM_C364e-20150721111903

STATE OF FLORIDA

AGENCY FOR PERSONS WITH DISABILITIES


Marcus Brown.,


Petitioner,


V.

DOAH Case No. 15-1743APD RENDITION No. APD-15-16-001-FO


   I L E  

JUL 2 1 2015


APO

Agenc Clerk's Office

AGENCY FOR PERSONS WITH DISABILITIES


Respondent.

- - - - - - - - - - - - -


I


FINAL ORDER


THIS CAUSE is before the Agency for Persons with Disabilities for consideration and final agency action concerning Petitioner's request for an exemption from disqualification from holding a position of special trust as provided in Chapter 435, Florida Statutes. Petitioner seeks an exemption from disqualification so that Petitioner can work in a position having direct contact with children or developmentally disabled people served in programs regulated by the Department of Children and Families or the Agency for Persons with Disabilities. Following an administrative hearing at DOAH on June 17, 2015, the Administrative Law Judge issued a Recommended Order concluding that Petitioner did not demonstrate sufficient rehabilitation such that he should be considered for exemption. Neither party filed exceptions to the Recommended Order.

There being no basis to reject the findings of fact and conclusions of law of the Administrative Law Judge, the Recommended Order is approved and adopted.

Being fully advised in the premises, Petitioner's request for an exemption from disqualification from holding a position of special trust in hereby DENIED.


APD-15-16-001-FO 11


Filed July 21, 2015 10:25 AM Division of Administrative Hearings

' · ti._

DONE AND ORDERED in Tallahassee, Leon County, Florida, thisJ () day of

July, 2015.


Tom Rankin, Deputy Director of Operations Agency for Persons with Disabilities


RIGHT TO APPEAL


A party who is adversely affected by this final order is entitled to judicial review. To initiate judicial review, the party seeking it must file one copy of a "Notice of Appea"l with the Agency Clerk. The party seeking judicial review must also file another copy of the "Notice of Appeal," accompanied by the filing fee required by law, with the First District Court of Appeal in Tallahassee, Florida, or with the District Court of Appeal in the district where the party resides. Review proceedings shall be conducted in accordance with Florida Rules of Appellate Procedure. The Notices must be filed within thirty (30) days of the rendition of this final order.1


1 The date of the "rendition" of this Final Order is the date that is stamped on its first page. The Notices of Appeal must be received on or before the thirtieth day after that date.

APD-15-16-001-FO12


Copies furnished to:


Marcus Brown Apartment A

3105 East Jefferson St. Orlando, Fl 32803-6434


Claudia Llado, Agency Clerk Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (filed via e-ALJ)

Michael Sauve, Esq., Senior Attorney,

Agency for Persons with Disabilities Michael.Sauve@apdcares.org


APO Central Region Office


David De La Paz, E , gency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380

Tallahassee, Florida 32399-0950


APD-15-16-001-FO I 3


Docket for Case No: 15-001743EXE
Issue Date Proceedings
Jul. 21, 2015 Agency Final Order filed.
Jun. 17, 2015 Recommended Order (hearing held May 18, 2015). CASE CLOSED.
Jun. 17, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 01, 2015 Respondent's Proposed Recommended Order filed.
May 18, 2015 CASE STATUS: Hearing Held.
May 18, 2015 Notice of Filing Petitioner's (Proposed) Exhibit filed.
May 11, 2015 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
May 08, 2015 Joint Prehearing Stipulations filed.
May 08, 2015 Notice of Filing Respondent's Proposed Exhibit List filed.
May 08, 2015 Notice of Filing Respondent's Witness List filed.
Mar. 31, 2015 Order of Pre-hearing Instructions.
Mar. 31, 2015 Notice of Hearing by Video Teleconference (hearing set for May 18, 2015; 9:00 a.m.; Orlando and Tallahassee, FL).
Mar. 30, 2015 Joint Response to Initial Order filed.
Mar. 27, 2015 Initial Order.
Mar. 26, 2015 Request for Administrative Hearing filed.
Mar. 26, 2015 Agency action letter filed.
Mar. 26, 2015 Notice (of Agency referral) filed.

Orders for Case No: 15-001743EXE
Issue Date Document Summary
Jul. 21, 2015 Agency Final Order
Jun. 17, 2015 Recommended Order Petitioner failed to provide clear and convincing evidence of rehabilitation or that agency abused its discretion.
Source:  Florida - Division of Administrative Hearings

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