Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: BERHANE OLIVER, L.M.T.
Judges: F. SCOTT BOYD
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Sep. 22, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 9, 2017.
Latest Update: Mar. 15, 2025
STATE OF FLORIDA
BOARD OF MASSAGE THERAPY
DEPARTMENT OF HEALTH,
Petitioner,
v. CASE NO. 2015-05770
BERHANE OLIVER, LMT,
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the Petitioner, Department of Health, by and through
its undersigned counsel, and files this Administrative Complaint before the
Board of Massage Therapy (hereinafter “Board”) against Berhane Oliver,
LMT, and alleges:
1. Petitioner is the state department charged with regulating the
practice of Massage Therapy pursuant to section 20.43, Florida Statutes;
Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes.
2. At all times material to this Complaint, Respondent was a
licensed massage therapist in the State of Florida, having been issued
license number MA 61590 on or about January 7, 2011.
3. | Respondent’s mailing address of record is 62 Southeast Sixth
Avenue, Delray, Florida 33483.
4. On or about July 9, 2015, in the County Court in and for
Broward County, Florida, Case Number 15000339CF10A, Respondent
entered a plea of nolo contendere to Touch or Strike/Battery/Domestic
Violence, a misdemeanor.
5. Section 456.072(1)(x), Florida Statutes (2015), provides that
failing to report to the board, or the department if there is no board, in
writing within 30 days after the licensee has been convicted or found guilty
of, or entered a plea of nolo contendere to, regardless of adjudication, a
crime in any jurisdiction constitutes grounds for disciplinary action by the
Board.
6. Respondent failed to report his July 9, 2015, nolo contendere
plea to the Board, in writing, within 30 days.
7. Based on the foregoing, Respondent violated Section
456.072(1)(x), Florida Statutes (2015).
WHEREFORE, the Petitioner respectfully requests that the Board of
Massage Therapy enter an order imposing one or more of the following
penalties: permanent revocation or suspension of license, restriction of
Page 2 of 4
DOH v. OLIVER, LMT
2015-05770
practice, imposition of an administrative fine, issuance of a reprimand,
placement of the Respondent on probation, corrective action, continuing
education and/or any other relief that the Board deems appropriate.
SIGNED this_81 day of _c/ ecumbver , 2016.
Celeste Philip, MD, MPH
1) General and Secretary
Carrie B. McNamara
Assistant General Counsel
Fla. Bar No. 0062029
FILED
pEPARTMENT OF HEALTH
DEPUTY CLERK Department of Health
CLERK ANGEL SATE 4052 Bald Cypress Way, Bin C-65
pave DEC 1B OU Tallahassee, Florida 32399-3265
Telephone: (850) 245-4640
Facsimile: (850) 245-4684
Carrie. McNamara@flhealth.gov
PCP: December 7, 2016
PCP Members: Havard, Drago
Page 3 of 4
DOH v. OLIVER, LMT
2015-05770
NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Section 120.569 and 120.57, Florida
Statutes, to be represented by counsel or other qualified
representative, to present evidence and argument, to call and
cross-examine witnesses and to have subpoena and subpoena
duces tecum issued on his or her behalf if a hearing is requested.
A request or petition for an administrative hearing must be in
writing and must be received by the Department within 21 days
from the day Respondent received the Administrative Complaint,
pursuant to Rule 28-106.111(2), Florida Administrative Code. If
Respondent fails to request a hearing within 21 days of receipt of
this Administrative Complaint, Respondent waives the right to
request a hearing on the facts alleged in this Administrative
Complaint pursuant to Rule 28-106.111(4), Florida Administrative
Code. Any request for an administrative proceeding to challenge or
contest the material facts or charges contained in the
Administrative Complaint must conform to Rule 28-106.2015(5),
Florida Administrative Code.
Mediation under Section 120.573, Florida Statutes, is not
available to resolve this Administrative Complaint.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of this matter.
Pursuant to Section 456.072(4), Florida Statutes, the Board shall
assess costs related to the investigation and prosecution of a
disciplinary matter, which may include attorney hours and costs, on
the Respondent, in addition to any other discipline imposed.
Page 4 of 4
DOH v. OLIVER, LMT
2015-05770
Docket for Case No: 17-005302PL
Issue Date |
Proceedings |
Oct. 16, 2017 |
Undeliverable envelope returned from the Post Office.
|
Oct. 09, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 09, 2017 |
Joint Motion to Relinquish Jurisdication filed.
|
Oct. 03, 2017 |
Order of Pre-hearing Instructions.
|
Oct. 03, 2017 |
Notice of Hearing by Video Teleconference (hearing set for December 1, 2017; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Sep. 26, 2017 |
Notice of Service of Discovery filed.
|
Sep. 25, 2017 |
Initial Order.
|
Sep. 22, 2017 |
Notice of Appearance (Carrie B. McNamara) filed.
|
Sep. 22, 2017 |
Election of Rights filed.
|
Sep. 22, 2017 |
Administrative Complaint filed.
|
Sep. 22, 2017 |
Agency referral filed.
|