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BOARD OF ARCHITECTURE vs. DEMETRIOS JAMES ATHAN, 77-001995 (1977)
Division of Administrative Hearings, Florida Number: 77-001995 Latest Update: Mar. 01, 1978

Findings Of Fact Prior to July, 1972, Athan was a registered architect in the State of Florida after passing the Board's examination. In 1972 Athan failed to pay his renewal fee for the year 1973. Nathan tendered his fee for 1972 in June, 1973; however, his application and check were returned to him by the Board because Athan did not include a $10.00 penalty fee. No further action was taken by the Board until June, 1976, when after an inquiry by Athan as to his status, the Board sent Athan a notice of revocation dated May 27, 1976. In response to this notice, Athan requested additional information from the Board. The Board's letters of June 9, 1976, and August 16, 1976, advised Athan that, if he desired to be reinstated without examination, he would have to appear before the Board. Athan appeared before the Board on two occasions and the Board denied his request for reinstatement. The basis for this denial was never stated formerly to Athan and is not developed in the file introduced into evidence. Athan testified and the file reflects that he was never noticed of a hearing to be held on the issue of the revocation of his license and that no formal action of revocation was ever taken by the Board prior to May 27, 1976. The parties stipulated that Athan meets all the qualifications for licensure required by the statutes prior to taking the examination for licensure. The basis for the Board's action in denying Athan's request for reinstatement are contained in the representations and arguments of Counsel for the Board as set forth in the introductory portion of this order and are hereby incorporated into the findings of fact. Based upon the stipulation concerning Athan's qualifications, the only basis for denial of Athan's application for reinstatement are those stated above. Between 1972 and 1974 Athan designed structures for his own development company. During this period, he developed, designed and supervised the construction of a forty-unit apartment house and six office buildings. Considering that Athan was totally responsible for design and construction of these projects, this work compares favorably with his work output in the preceding four years during which he designed thirteen shopping centers, 3,000 apartment units, a four-story office building, two hospitals, and twelve to fifteen private homes. Following his eighteen month vacation, Athan worked for a licensed architectural firm in the State of Florida for a short while during which he was involved in all phases of architecture. This firm found that Athan's work was totally satisfactory in all respects.

Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the license of Demetrios James Athan be reinstated by the Florida State Board of Architecture. DONE and ORDERED this 1st day of March, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: James C. Rinaman, Jr., Esquire Southeast First Bank Building Post Office Box 447 Jacksonville, Florida 32201 Mr. Demetrios James Athan Post Office Box 174 Cocoa Beach, Florida 32931

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