Petitioner: ARTONIA FERGUSON
Respondent: AGENCY FOR PERSONS WITH DISABILITIES
Judges: CATHY M. SELLERS
Agency: Agency for Persons with Disabilities
Locations: Miami, Florida
Filed: Jan. 22, 2018
Status: Closed
Recommended Order on Wednesday, May 30, 2018.
Latest Update: Aug. 17, 2018
Summary: Whether Petitioner has shown, by clear and convincing evidence, that she is rehabilitated from her disqualifying offense; and, if so, whether the denial of her request for an exemption from disqualification from employment would constitute an abuse of discretion.Petitioner proved, by clear and convincing evidence, that she is rehabilitated from her disqualifying offense. It would be an abuse of discretion for Respondent to deny her request for exemption.
KM_C368-20180817131957
STATE OF FLORIDA
AGENCY FOR PERSONS WITH DISABILITIES
ARTONIA FERGUSON,
Petitioner,
V. DOAH Case#: 18-0390EXE
AGENCYFORPERSQNSWITH DISABILITIES,
Respondent.
- - - - - - - - - - - - -I
This cause is before the Agency for Persons with Disabilities ("Agency") for entry of a Final Order concerning the Agency's denial of the Petitioner's request for an exemption from disqualification.
Following an administrative hearing conducted by video teleconference before a designated Administrative Law Judge ("ALJ") of the Division of Administrative Hearings ("DOAH") on March 27, 2018, the ALJ issued a Recommended Order on May 30, 2018, recommending the Agency enter a final order granting the Petitioner's request for an exemption from disqualification. A copy of the Recommended Order is attached to this Final Order. Neither party filed exceptions to the Recommended Order.
APD-Ferguson FO I Page 1 of3
Filed August 17, 2018 2:48 PM Division of Administrative Hearings
There being no basis to reject the findings of fact and conclusions of law of the ALJ, the Recommended Order is approved and adopted. Accordingly, Petitioner's request for an exemption from disqualification is granted.
DONE AND ORDERED in Tallahassee, Leon County, Florida, on
T Director of Operations
Agency for Persons with Disabilities
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 Appeal" 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. The Notices must be filed within thirty (30) days of the rendition of this final order.1
1 The date of "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 30th day after that date.
APD - Ferguson FO I Page 2 of 3
Copies furnished to:
Trevor Suter, Esq.
Agency for Persons with Disabilities 4030 Esplanade Way, Suite 315C Tallahassee, FL 32399-0950 Trevor.Suter@APDCares.org
Evelyn Alvarez
Regional Operations Manager APD Southern Region
DOAH
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Filed via e-ALJ
Artonia Ferguson 17322 SW 99 Court
Miami, FL 33157
I HEREBY CERTIFY that a copy of this Final Order was provided by regular US or electronic mail to the above individuals at the addresses listed, on
August 17, 2018
Gypsy Bailey, Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 335B Tallahassee, FL 32399-0950 apd.agencyclerk@apdcares.org
APO - Ferguson FO I Page 3 of 3
Docket for Case No: 18-000390EXE
| Issue Date |
Proceedings |
|
Aug. 17, 2018 |
Agency Final Order filed.
|
|
May 30, 2018 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
May 30, 2018 |
Recommended Order (hearing held March 27, 2018). CASE CLOSED.
|
|
Apr. 13, 2018 |
Respondent's Proposed Recommended Order filed.
|
|
Apr. 09, 2018 |
Order Granting Extension of Time.
|
|
Apr. 06, 2018 |
Agency's Motion for Extension of TIme to File Proposed Recommended Orders filed.
|
|
Apr. 04, 2018 |
Letter to Judge Sellers from Antonia Wright filed.
|
|
Mar. 30, 2018 |
Hearing Recordation filed.
|
|
Mar. 27, 2018 |
CASE STATUS: Hearing Held. |
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Mar. 22, 2018 |
Agency's Proposed Exhibits filed (exhibits not available for viewing). |
|
Mar. 22, 2018 |
Agency's Notice of Witnesses and Exhibits filed.
|
|
Jan. 30, 2018 |
Order of Pre-hearing Instructions.
|
|
Jan. 30, 2018 |
Notice of Hearing by Video Teleconference (hearing set for March 27, 2018; 9:00 a.m.; Miami and Tallahassee, FL).
|
|
Jan. 29, 2018 |
Agreed Response to Initial Order filed.
|
|
Jan. 23, 2018 |
Initial Order.
|
|
Jan. 22, 2018 |
Denial of Exemption from Disqualification filed.
|
|
Jan. 22, 2018 |
Request for Administrative Hearing filed.
|
|
Jan. 22, 2018 |
Notice (of Agency referral) filed.
|
Orders for Case No: 18-000390EXE
| Issue Date |
Document |
Summary |
|
Aug. 17, 2018 |
Agency Final Order
|
|
|
May 30, 2018 |
Recommended Order
|
Petitioner proved, by clear and convincing evidence, that she is rehabilitated from her disqualifying offense. It would be an abuse of discretion for Respondent to deny her request for exemption.
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