Findings Of Fact Certain stipulations of fact were entered into by Petitioner and Respondent and accepted by the Hearing Officer. Those stipulations of fact are set forth below as Findings of Fact in this cause: "Petitioner, CHRISTINE DIANE ZARLI, [McDonough] is an applicant for licensure by examination to practice architecture in the State of Florida. The architecture examination in the State of Florida is of two (2) parts, one of which is the written examination given in December of each year and the other of which is a site and design (sic) [Part (a)] which is given in June of each year. Petitioner has met all requirements for admittance to the licensure examination." "Petitioner took the design and site plan portion of the National Architecture Examination in June, 1981. This portion of the examination consist (sic) of a twelve (42) hour sketch problem involving design and site considerations. The examination is administered by the office of Examination Services of the Department of Professional Regulation, and is supplied to the State of Florida as well as to all of the jurisdictions of the United States by the National Council of Architectural Registration Boards (NCARB). The examination itself as noted above involves the design of a structure by an applicant including requirements for placing the structure on the site, elevations, building cross-sections, facades and floor plans." "Information supplied to the applicant includes a preexamination booklet setting forth the architectural program to be accomplished and the various requirements to which the applicant is expected to apply himself (sic) in order to receive a passing grade. At the time of the examination itself, other information is supplied to the applicant to enable him (sic) to more adequately design the structure requested and perform the necessary technical architectural requirements. In general, the purpose of the examination is to require the applicant to put together a design and site plan solution in response to a program submitted to him (sic) by NCARB. This portion of the examination, therefore, allows the national testing service grading the examination and through them the Florida Board of Architecture to determine whether the applicant is able to coordinate the various structural, design, technical, asthetic, energy and legal requirements which are tested in written form in the other portion of the examination given in December of each year." "The grading of the site and design problem is accomplished by the review of the applicant's product by at least three (3) architects selected by the various architectural boards of some twenty (20) states who are then given training by NCARB to standardize their conceptions of the minimal competence required for a passing grade. Each architect-grader is then asked to review various solutions submitted by applicants on a blind grading basis. That is, the grader has no knowledge of the name or state of origin (sic) of the solution which he is grading. The grader is instructed to take into consideration various criteria as set forth in Rule 21B-14.03, F.A.C. Graders are instructed to make notations for areas of strength and of weakness on the grading criteria and then are to determine, based upon an overall conception of the applicants (sic) submission, whether or not a passing grade of three (.3) or four (4) as set forth in Rule 21B-14.04, F.A.C. (sic) [has been achieved]. In order for an applicant to pass he must receive at least two (2) passing grades from the three (3) architects who independently grade the applicant's submission. [That is, at least two of the three graders must have scored the applicant with a passing score.]" The architects chosen as graders by the NCARB for the design and site plan portion of the examination are required to participate in an extensive exercise designed to achieve uniformity in grading by all graders. The graders are instructed to review the solutions of the applicants quickly for an overall impression. They are further directed to score the solution on the basis of that first impression. They are specifically asked not to regrade solutions or to analyze specific points of presentation. The graders are instructed that the grading concept is a holistic concept and that the basic assumption of that holistic grading concept is that each of the factors involved in design skills is related to all the other factors and that no one factor can be separated from the others. The graders are instructed that they must judge each solution as a whole grading the solution for their impression of its totality. They are told that an examinee is entitled to make some mistakes, recognizing that the problem is hurriedly executed in a tense situation, without recourse to normal office reference materials and without the customary time for deliberation and critique by others. The graders are directed to give each solution a holistic score of 1, 2, 3, or 4. 1 is Very Poor (failed), 2 is Poor (failed), 3 is Minimally Acceptable (pass), and 4 is Good (pass). No evidence has been presented in this proceeding from which it can be concluded that the instructions to the graders and the rules for the administration of this test were not followed. Thus, it is found that the three graders who graded Petitioner's solution did not know Petitioner's identity nor her state of origin and did not know, at the time they graded her solution, the grade placed on that solution by their fellow graders. Each of the three graders independently assigned a score of 2, or Poor and failing, to Petitioner's solution. Although testimony was presented with regard to the strengths and weaknesses of certain specific elements of Petitioner's solution, no evidence was presented from which it can be found as a matter of fact that the solution, when considered holistically, was deserving of a grade higher than that assessed by the three independent graders.
Findings Of Fact Petitioner is an applicant for licensure by examination to practice architecture in Florida. The exam consists of two parts: the written part is given in December of each year and the site and design problem is given in June of each year. Todaro graduated from Ball State University, Muncie, Indiana in 1977 and had met the requirements for admittance to the licensure examination. Todaro took the design and site planning portion of the national architectural exam in June, 1980. This consists of a 12 hour sketch problem involving the design of a structure by the applicant, including requirements for placing the structure on the site, elevations, building cross-sections, facades, and floor plans. The exam is prepared by the National Council of Architectural Registration Boards (NCARB) and is used by all states. Pre-test information supplied to each applicant includes a booklet providing the architectural program to be accomplished and the various requirements to which applicants are expected to apply themselves in order to receive a passing grade. At the examination, other information is supplied to enable the applicant to more adequately design the structure requested and perform the necessary technical architectural requirements. The purpose of the examination is to require the applicant to put together a design and site plan solution in response to a program submitted by NCARB and allows the national testing service grading the examination (and through them the Florida Board of Architecture) to determine whether the applicant is able to coordinate the various structural, design, technical, aesthetic, energy and legal requirements which were tested in written form in the other portion of the examination given in December. The grading of the site and design problem is accomplished by the review of the applicant's product by at least three architects selected by the various architectual registration boards of some 20 states who are then given training by NCARB to standardize their conceptions of the minimal competence required for a passing grade. Each architect-grader is then asked to review various solutions submitted by applicants on a blind grading basis. That is, the grader has no knowledge of the name or state of origin of the solution which lie is grading. The grader is instructed in how to consider the appropriate criteria. Graders are also instructed to make notations for areas of strength and of weakness on the grading criteria and then determine, based upon an overall conception of the applicant's submission, whether or not a passing grade is warranted. A passing grade is a three, and an applicant must receive at least two passing grades from the three architects who independently grade the applicant's submission. In the instant cause, Todaro received two 2's and one 3. He was therefore notified of his failure to pass the examination and of his right to this hearing. While Petitioner established that an effort had been made on his part to comply with the instructions, it is clear that in several material areas he failed to achieve sufficient clarity of presentation, particularly as to adequate consideration to grading and site planning, adequate consideration to marking elevations on his floor plans and adequate notation regarding the type of materials to be used in his elevations, floor plans, and wall sections. In general Todaro failed to place within his solution adequate information to allow the graders to determine that his program could be used; he failed to synthesize the information which he had learned in his educational process, in such a manner as to prepare adequate plans to respond to the requirements of good architectural practice in the formulation of design and site plans.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the petition of Stephen Todaro to change his grade on the June, 1980, site and design architectural examination be denied. DONE and ENTERED this 8th day of January, 1981, in Tallahassee, Florida. H. E. SMITHERS Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of January, 1981. COPIES FURNISHED: Stephen A. Todaro 1507 N. E. 5th Avenue Ft. Lauderdale, Florida 33304 John J. Rimes, Esquire Assistant Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32301
Findings Of Fact The Petitioner, Leon Cases, is an applicant to become licensed as an architect in the State of Florida by endorsement as provided in Section 481.213(3), Florida Statutes. The Petitioner was originally licensed as an architect in the State of New York in 1992, and the parties stipulate that he has passed the national licensure examination as prepared by the National Council of Architectural Registration Boards (NCARB) and thus has completed all examination requirements for licensure. The parties also stipulate that the Petitioner has completed an architectural internship which is substantially equivalent to that required by Section 481.211, Florida Statutes. The Petitioner graduated from the School of Architecture and Environmental Studies of the City College of New York on September 1, 1977, with the degree of Bachelor of Science in Architecture (BS Arch). The School of Architecture and Environmental Studies at the City College of New York is a school or college of architecture accredited by the National Architecture Accreditation Board (NAAB). The degree which the Petitioner received from the City College of New York is not the professional degree in architecture offered by that college. NAAB accredits schools and colleges of architecture which offer curricula and programs leading to a first professional degree in architecture. A professional degree in architecture in the United States is uniformly evidenced by a five year degree leading to a Bachelor of Architecture (B. Arch) or a six or more year two stage degree program (a bachelor's [not a B. Arch degree] degree followed by a master's degree) leading to a Master of Architecture (M. Arch). It is not disputed that the Petitioner's degree (a four-year Bachelor of Science in Architecture degree) is not a professional degree in architecture as defined by NAAB. The Petitioner completed the course requirements for the BS Arch degree from CCNY, but did not attempt or complete the course requirements for the fifth year which results in the B. Arch from CCNY. The fifth year of a five-year program leading to a professional degree in architecture is an important part of the educational process which results in the synthesis of all the undergraduate work which is done in the first four years. This importance is recognized by CCNY which in its catalogue noted that it is only "with this degree [the bachelor of architecture, that] the student may begin the internship required for admission to the examination for licensure as a registered architect." It is in the fifth year of a five-year professional degree program, that a student usually (via a thesis requirement) develops an architectural program and completes the design of a structure from concept to completion. It is this requirement that allows the faculty to measure an individual's capacity to become a practicing architect. The Petitioner completed none of the fifth year requirements at CCNY. After the Petitioner graduated from CCNY he moved to the State of Florida and began working at an architectural firm. He considered applying to sit for the licensure examination in the State of Florida in the early 1980's; however, he determined that he would not be eligible to sit for the examination since he did not have a five-year professional degree in architecture. As a result, the Petitioner determined to apply to New York under the provisions of that state's licensure laws. He was accepted to sit for the examination in New York pursuant to his combination of education and experience, and was licensed after completing all parts of the exam in 1992. The Petitioner was authorized to sit for the examination in New York as a result of New York's statutes and rules which permit a combination of education and experience to be used to form the basis for entry to the licensure examination. The State of New York has confirmed this method by which the Petitioner was authorized to sit for the examination and ultimately licensed within New York by a document sent to the Florida Board of Architecture and Interior Design verifying the Petitioner's licensure in that state and the manner by which that licensure occurred. Since 1979 the Florida Board of Architecture and Interior Design has interpreted the provisions of Chapter 481.209, Florida Statutes, relating to entry to the licensure examination to mandate that a professional degree in architecture from an accredited school or college of architecture approved by NAAB is required. The only proviso is that applicants from an unaccredited school or college of architecture must meet standards which are equivalent to NAAB. These standards have been set forth by Board Rule 61G1-13.003, F.A.C., which mandates a five-year professional degree in architecture. Neither the Board of Architecture and Interior Design nor the Department of Business and Professional Regulation have compiled a subject matter index as mandated by Section 120.53, Florida Statutes. No evidence has been adduced to show that the Board has taken a position contrary to its established position that a professional degree in architecture is required by the provisions of Section 481.209, Florida Statutes, prior to licensure in the State of Florida. The Board did produce information relevant to past Board actions on applications either for licensure by endorsement or to sit for the examination, which shows that the Board has consistently denied such applications if a professional degree from an accredited school or college of architecture, or an equivalent degree from an unaccredited school or college of architecture, or an equivalent degree from an unaccredited school or college of architecture was not present in the applicant's educational background.
Recommendation On the basis of all the foregoing, it is RECOMMENDED that the Board of Architecture and Interior Design issue a final order in this cause denying the Petitioner's application. DONE and ENTERED this 11th day of May 1994 at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of May 1994. APPENDIX The following are the specific rulings on all proposed findings of fact submitted by all parties. Findings proposed by Petitioner: The findings addressed immediately below are the four paragraphs following the caption "FINDINGS OF FACT" at pages 11 and 12 of the Petitioner's proposed recommended order. No effort has been made to make specific rulings on other factual assertions that appear throughout other portions of the Petitioner's proposed recommended order in conjunction with arguments and conclusions of law. Paragraph A: Accepted up to the first comma. The remainder is rejected as contrary to the greater weight of the evidence. Paragraph B: Accepted up to the first use of the word "architect." The remainder is rejected as contrary to the greater weight of the evidence. Paragraph C: Rejected as constituting argument or proposed conclusion of law, rather than proposed findings of fact. And, in any event, the argument lacks merit. Paragraph D: First sentence rejected as constituting argument or conclusion of law, rather than proposed finding of fact. Second sentence rejected as contrary to the greater weight of the evidence. Findings proposed by Respondent: All findings of fact proposed by the Respondent have been accepted, with the exception of the last paragraph of same. The last paragraph proposed by the Respondent is rejected as constituting subordinate and unnecessary details. COPIES FURNISHED: Joseph Paglino, Esquire 11601 Biscayne Boulevard, Suite 301 Miami, Florida 33181 John J. Rimes, III, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, LL 04 Tallahassee, Florida 32399-1050 Angel Gonzalez, Executive Director Architecture & Interior Design Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, Acting General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Petitioner, Subhash C. Jethi, was a candidate on Division C of the national professional architectural examination given in June, 1984. The test is prepared by the National Council of Architectural Registration Boards (NCARB) and is administered by the Educational Testing Service in Berkeley, California. Florida candidates take the national examination pursuant to an agreement between NCARB and respondent, Department of Professional Regulation, Florida Board of Architecture (Board). The examination consists of nine divisions administered over a four day period. Division C relates to building design and contains one graphic or sketch problem to be solved by the candidate in not more than twelve hours. The purpose of the examination is to require an applicant to prepare a design solution in response to the program submitted by the NCARB. Prior to the examination, the candidate is given a preexamination booklet setting forth the architectural program to be accomplished and the various requirements expected of the candidate to receive a passing grade. Each graphic solution to Division C is blind graded by three examiners (architects) designated and approved by the NCARB. The examiners are drawn from a pool of architects who have been selected by the various architectural registration boards of some twenty states. They are given training by NCARB prior to the examination to standardize their conceptions of the minimal competence required for a passing grade. Among other things, they are instructed to grade holistically, that is, to review each solution quickly for an overall impression and to score on the basis of that first impression. They do not regrade solutions or analyze specific points of presentation. The examinee is always given the benefit of the doubt in all cases. Candidates may receive a score ranging from 0 to 4. These numbers represent the following grades: 0-totally blank solution pad (fail) 1-incomplete (or extremely poor solution)(fail); 2-poor(fail); 3-minimally acceptable (pass): 4- good (pass). In order to pass, a candidate must receive at least two pass grades from the examiners. In Jethi's case, three examiners graded his solution and gave scores of 3, 2 and 2, respectively. Because the first grader gave him a 3, a fourth grader (also known as a coordinating grader) independently reviewed his examination and assigned a score of Therefore, he received an overall score of 2 which is a failing grade. This proceeding arose as the result of Jethi's request for an administrative hearing to contest that grade. Jethi's solution to Division C was introduced into evidence as respondent's exhibit 2. In support of his claim that he was entitled to a passing grade, Jethi presented the testimony of a registered architect, Miles A. Price, Jr., who reviewed Jethi's solution and found it to be acceptable and consistent with the requirements of the problem. However, Price had no experience in grading the national examination, and his comments were given in the context of a practicing architect rather than as a grader. Petitioner also offered a letter from an architect essentially adopting the position of Price. Jethi testified at length on his own behalf, and basically disagreed with most of the criticisms given by the examiners. He also attempted to show that his solution was better in certain respects than a sample solution to the problem which was deemed to be minimally acceptable for a passing grade. Respondent presented the testimony of Professor Arnold Butt, who was accepted as an expert in grading architectural examinations. Professor Butt was chairman of the University of Florida department of architecture for some fourteen years, has graded the examination in question since 1970, and is presently the chairman of the master jurors committee which performs the fourth grading on these examinations when required. His testimony is deemed to be more credible and persuasive than that presented by petitioner, and is hereby accepted as dispositive of the issue of whether petitioner's solution to Division C should receive a passing score. In this regard it is noteworthy that three of the four graders reviewing petitioner's examination, including Professor Butt, found the examination to be below the minimum requirements. On this particular examination, Division C required candidates to design a two-story architectural pavilion for a world's fair site in Chicago, Illinois. The candidates were specifically told the structure was to be an "architectural gem" and was to take maximum advantage of a scenic overlook of Chicago's downtown loop area. The primary deficiency in petitioner's solution was his failure to make maximum use in his design of the scenic overlook relating to Chicago's loop area as required by the problem. In addition, his solutions as to the location of service access, book store and restrooms, structural system, pedestrian circulation, and building site were shown to be deficient. Taken as a whole, they rendered his solution to Division C less than minimally acceptable for passing. Therefore, the overall score of 2 should not be changed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that petitioner's failing grade received on Division C of the June, 1984 national architectural examination not be changed. DONE and ENTERED this 22nd day of October, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22 day of October, 1985. APPENDIX* 1. Proposed findings 1 through 7 have been essentially incorporated in the findings of this Recommended Order. *Petitioner did not file proposed findings of fact. COPIES FURNISHED: Mr. Subhash C. Jethi 1101 Oriole Avenue Miami Springs, FL 33166 John J. Rimes, III, Esq. The Capitol, LL04 Tallahassee, FL 32301
Findings Of Fact Petitioner Robert Powers Wheeler is an applicant for licensure by examination to practice architecture in the State of Florida. The architecture examination in the State of Florida consists of two parts, one of which is a written examination given in December of each year, and the other of which is a Site Planning and Design Test given in June of each year. Petitioner meets all requirements for admittance to the licensure examination. Petitioner took the Site Planning and Design Test portion of the National Architectural Examination in June, 1981. This portion of the examination consists of a 12-hour sketch problem involving design and site considerations. The examination is administered by the Department of Professional Regulation and is supplied to the State of Florida as well as to all of the jurisdictions of the United States by the National Council of Architectural Registration Boards (NCARB). The examination itself involves the design of a structure by an applicant including requirements for placing the structure on the site, elevations, building cross-sections, facades, and floor plans. Information supplied to the applicant includes a preexamination booklet setting forth the architectural program to be accomplished and the various requirements to which the applicant is expected to apply himself in order to receive a passing grade. At the time of the examination itself, other information is supplied to the applicant to enable him to more adequately design the structure requested and perform the necessary technical architectural requirements. In general, the purpose of the examination is to require the applicant to put together a design and site plan solution in response to a program submitted to him by NCARB. This portion of the examination allows the national testing service grading the examination and, through them, the Florida Board of Architecture to determine if an applicant is able to coordinate the various structural, design, technical, aesthetic, energy and legal requirements which are tested in written form in the other portion of the examination given in December of each year. The grading of the Site Planning and Design Test is accomplished by the review of the applicant's product by at least three architects selected by the various architectural registration boards of some 20 states, who are then given training by NCARB to standardize their conceptions of the minimal competence required for a passing grade. Each architect-grader is then asked to review various solutions submitted by applicants on a blind grading basis, that is, the grader has no knowledge of the name or state of origin of the applicant whose solution he is grading. Further, the grader does not know the grade assigned to any applicant's solution by any other grader. Graders are instructed to make notations for areas of strength and of weakness on the grading criteria and are required to determine, based upon an overall conception of the applicant's solution, whether a passing grade of "3" or "4" should be assigned to each applicant's solution. In order for an applicant to pass, he must receive at least two passing grades from the three architects who independently grade the applicant's solution. Petitioner received a grade of "2," which is a failing grade, from each of the three graders who graded his examination. Although the Executive Director of the Florida Board of Architecture, who is also an architect, testified that Petitioner made a valiant effort to pass the examination, he identified several material areas wherein Petitioner failed to achieve minimal competency in his presentation or wherein Petitioner failed to observe program requirements. Petitioner failed to meet the owner's goals in that he approached the minimum square footage requirement while failing to provide amenities, which was a prime directive in the examination program. Petitioner had difficulty with regard to the pedestrian traffic flow on his third-floor plan. Petitioner had difficulty with his parking solution as well as with fulfilling the requirement of keeping the building architecturally compatible with surrounding structures. The Board's Executive Director, who has many years' experience in grading Site Planning and Design Tests, would have also given to Petitioner an overall grade of "2." The graders of Petitioner's examination were not uniform in identifying areas of concern regarding Petitioner's weaknesses in his solution. However, the procedure to be utilized by graders is set forth in the Grader's Manual and specifies that under the holistic grading system each grader is to determine his overall impression of a candidate's submission in order to assign a passing or a failing grade. After making his determination based upon the overall project, the grader then returns to his areas of special concern. Although the different graders may have identified different areas of concern, all graders found Petitioner's submission to be below minimal competency requirements. Although Petitioner disagrees with his grade, he presented no evidence to show that his examination was graded in an arbitrary or capricious way or in a manner different than that utilized in grading the examination of every candidate taking the same examination throughout the United States.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that a final order be entered finding that Petitioner has failed to achieve a passing score on the June, 1981, architecture examination and upholding the grade awarded to Petitioner on that examination. DONE and RECOMMENDED this 11th day of January, 1983, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of January, 1983. COPIES FURNISHED: Mr. Robert Powers Wheeler 5501 South West 147th Terrace Miami, Florida 33158 John J. Rimes, III, Esquire Department of Legal Affairs The Capitol - 1601 Tallahassee, Florida 32301 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Herbert Coons, Jr., Executive Director Board of Architecture 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact In June 1995, Kenneth Gauthreaux (Petitioner) took the Pre-Design part of the Architecture Examination (Examination). A minimum grade of 75 is required to pass the Examination. The Department of Business and Professional Regulation, Board of Architecture (Respondent) notified Petitioner that he had failed the Examination having received a grade of 73. The Examination is a national examination and is graded by national examiners. Respondent issues licenses to practice architecture in the State of Florida and administers the Examination on behalf of the State. Petitioner challenges, as invalid, the answers selected by the national examiners to questions 9, 16, 73, and 122 of the Examination, which are A, C, A, and D, respectively. Petitioner selected answers B, A, B, and C to the questions, respectively. At hearing, Petitioner withdrew his challenge to question 73, answer A. As the Examination is a national examination, in answering the questions, what is generally occurring nationally, as opposed to locally, is controlling. For example, local codes are not applicable. The correct answers to questions 9, 16, and 122 are the answers identified by Respondent as the answers by the national examiners, i. e., A, C, and D, respectively. The answers selected by Petitioner are not correct. The challenged questions and answers are supported by reference materials which are approved and generally accepted in the national architecture community. The scope of knowledge required for the challenged questions and answers is not beyond the knowledge reasonably expected from a candidate for licensure. The challenged questions contain sufficient information for a candidate for licensure to select the correct answer. The challenged questions are clear and unambiguous. The challenged questions are not arbitrary or capricious. The challenged questions are not devoid of logic or reason. The challenged questions are valid. Statistics indicate that 77 percent of the candidates for licensure (candidates), who took the Examination, answered question 9 correctly; 64 percent of the candidates answered question 16 correctly; and 54 percent of the candidates answered question 122 correctly.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Board of Architecture enter a final order dismissing Kenneth Gauthreaux's examination challenge and denying him licensure. DONE AND ENTERED this 26th day of July, 1996, in Tallahassee, Leon County, Florida. ERROL H. POWELL, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of July, 1996. APPENDIX The following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact Introductory Paragraphs Paragraph 1. Rejected as being argument, or conclusions of law. Paragraph 2. Rejected as being not supported by the evidence presented. Question No. 122 Paragraph 1. Rejected as being unnecessary, argument, or conclusions of law. Paragraph 2. Rejected as being not supported by the evidence presented, argument, or conclusions of law. (The "Additional Evidence" is not admitted into evidence. See, the Preliminary Statement.) Paragraph 3. Rejected as being subordinate. Paragraph 4. Rejected as being subordinate, argument, or conclusions of law. Paragraph 5. Rejected as being subordinate. Paragraph 6. Rejected as being subordinate, or unnecessary. Paragraph 7. Rejected as being argument, or a conclusion of law. Question No. 16 Paragraph 1. Rejected as being not supported by the evidence presented, argument, or conclusion of law. Paragraph 2. Rejected as being not supported by the evidence presented, argument, or a conclusion of law. Paragraph 3. Rejected as being subordinate, not supported by the evidence presented, argument, or conclusions of law. Paragraph 4. Rejected as being argument, or conclusions of law. Question No. 9 Paragraph 1. Rejected as being argument, or conclusions of law. Paragraph 2. Rejected as being subordinate, unnecessary, or argument. Paragraph 3. Rejected as being argument, or conclusions of law. Paragraph 4. Rejected as being argument, or conclusions of law. Paragraph 5. Rejected as being argument, or conclusions of law. Paragraph 6. Rejected as being subordinate, or unnecessary. Paragraphs 7, 8, and 9 are not considered part of Petitioner's proposed findings of fact, but part of his proposed conclusions of law. If Petitioner intended the said Paragraphs to be part of his proposed findings of fact, they are rejected as being argument, or conclusions of law. Respondent's Proposed Findings of Fact 1. Partially accepted in finding of fact 1. 2. Partially accepted in finding of fact 2. 3. Partially accepted in finding of fact 2. 4. Partially accepted in finding of fact 2. 5. See Preliminary Statement. 6. See Preliminary Statement. 7. Partially accepted in finding of fact 4. 8. Partially accepted in finding of fact 4. 9. Partially accepted in finding of fact 7. 10. Partially accepted in finding of fact 11. 11. Partially accepted in finding of fact 10. 12. Partially accepted in finding of fact 8. 13. Partially accepted in finding of fact 9. 14. Partially accepted in finding of fact 13. 15. Partially accepted in finding of fact 6. 16. Partially accepted in finding of fact 15. 17. Partially accepted in finding of fact 15. 18. Partially accepted in finding of fact 15. 19. Rejected as being subordinate. NOTE--Where a proposed finding has been partially accepted, the remainder has been rejected as being subordinate, irrelevant, unnecessary, cumulative, not supported by the greater weight of the evidence, not supported by the evidence presented, argument, or a conclusion of law. COPIES FURNISHED: Mr. Kenneth Gauthreaux 15151 SW 128th Avenue Miami, Florida 33186 R. Beth Atchison Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Angel Gonzalez, Executive Director Board of Architecture and Interior Design Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The Petitioner, Glen P. Hamner, Jr., has applied for licensure by examination to practice architecture in the State of Florida. The architectural licensure examination, administered by the Respondent, consists of two portions, the written examination given in December of each year, and the site planning and design portion administered in June of each year. The Petitioner has complied with all requirements for admittance to the subject examination. The Petitioner sat for the 12-hour "Part A" examination in June, 1980. The examination consists of a drafting or sketching problem and is so constituted as to require the applicant for licensure to design a particular type of building to be accommodated to a particular site, including requirements for placing the structure on the site, designing elevations, building cross sections, facades and floor plans, as well as taking into consideration numerous criteria such as human traffic flow, parking, access to all areas, heating and cooling, including solar heating potential, prevailing climate conditions, use of natural lighting, and numerous other esthetic, engineering and legal requirements. The examination is administered by the Office of Examination Services of the Department of Professional Regulation and is supplied to the State of Florida, as well as to all other jurisdictions in the United States by the National Council of Architectural Registration Boards (NCARB). The examination was adopted in Florida pursuant to the above-cited rules. Prior to sitting for the examination, each applicant, including the Petitioner, receives a pre-examination booklet setting forth the architectural program to be accomplished by that applicant and various requirements to which the Petitioner was expected to apply himself in order to receive a passing grade. Immediately prior to commencing the examination itself, the Petitioner received other information designed to enable him to more adequately design the structure requested and perform the necessary technical and architectural requirements of the problem. In general, the examination was designed to require the Petitioner to design a solution to the site plan and building design problem submitted to him by the NCARB and the Florida board. The pertinent portion of the examination thus allows the examination graders and, through them, the Florida Board of Architecture to determine whether an applicant, such as the Petitioner, is able to coordinate the various structural, design, technical, esthetic, energy and legal requirements in order to resolve the design and site plan problem after having been tested on the same requirements in written form in the initial portion of the examination administered in December of each year. The grading of the design and site portion of the examination was accomplished by submission of the Petitioner's work product to at least three architects selected by the various architectural registration boards of 20 states. These graders are given training by the NCARB in order to standardize their conceptions of minimal competence required for achievement of a satisfactory grade on the examination. Each architect grader is then asked to review and score various solutions to this site and design problem, including the Petitioner's, in a blind grading basis. The grader has no knowledge of the name or state of origin of the applicant whose solution he is grading. The grader is instructed to take into consideration the various criteria set forth in Rule 21B-14.03, Florida Administrative Code, as well as in Respondent's Exhibit Three. The graders are instructed to note the areas of strength and weakness in an applicant's solution with regard to those grading criteria and then determine, based on an overall conception of the solution submitted by the applicant, whether or not a passing grade is warranted. A passing grade is defined as a holistic grade of three or four as set forth in Rule 21B-14.04, Florida Administrative Code. The applicant must receive at least two passing grades from the three architect graders who independently grade his solution in order to pass that portion of the examination. The Petitioner herein received two "1's" and one "2" on the examination, all of which were failing grades. Although he demonstrated an effort to comply with instructions set forth in the examination, as well as the pre-examination booklet, he failed to achieve sufficient clarity of presentation in several material areas such that the graders could make a clear determination that he understood and had complied with sufficient of the mandatory criteria to achieve passage of the examination. The testimony of the Respondent's witnesses (Herbert Coons, Executive Director of the Florida Board of Architecture and a grader in this examination, and Mr. Dan Branch, a grader of the petitioner's own examination) shows that the petitioner failed to supply sufficient information to permit a passing score to be awarded based on the criteria required to be considered and complied with by the authority cited below. The Petitioner's examination was deficient in a number of material respects. Many technical errors were pointed out by these witnesses, as well as by the petitioner's own admissions. The record thus discloses that the Petitioner's examination solution was deficient in its allowance for parking space and the ability of vehicular ingress to egress from the parking lot surrounding the building to be designed. There were no room designations on the rooms in the floor plan; there was only one rest room space and one set of toilets for men and women where two spaces and sets of facilities were required by the instruction program. The Petitioner failed to mark the building elevations on the building floor plans, did not depict where furniture would be located, and two different elevation drawings and two sectional drawings required to be depicted on the examination were not. The Petitioner did not show what type of material would be used in the roof nor what type of insulation, nor did he show what type and uses of glass were to be made. The Petitioner failed to give adequate consideration to grading and site planning, failed to adequately make notation of the types of materials to be used in the elevation's floor plans and wall sections, and generally did not adequately adhere to the program presented him. In general, it was shown by these witnesses that while the Petitioner had made a substantial effort to pass the examination, he had failed to place within the solution adequate information to allow the graders to determine clearly that his program or design could be a successful one. The Petitioner's own admissions show that he approached the examination in question in such a manner as to substitute his own judgment and opinion regarding which techniques and components were architecturally sound for the problem for those required to be treated as essential elements of the site and design problem posed him in the instructions. The program presented to the Petitioner assumed he would be in the hypothetical position of an "architect" presented with a program which had already reached a point of completion as to design ideas and site location. The insertion of his own ideas and judgment regarding various elements of the project is contrary to established architectural practice, for a program which had already reached the point of completion, in terms of initial design decisions, as that presented to the examination candidates in this instance. In view of the above-determined deficiencies, the Petitioner did not establish that his solution to the site and design-problem posed by the examination reflected sufficient and appropriate consideration of the requirements and criteria he was instructed to address.
Recommendation Having considered the foregoing findings of fact and conclusions of law, the evidence in the record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is RECOMMENDED that the failing grade conferred on the Petitioner on the June, 1980, site and design portion of the architectural examination be upheld, and that the petition be denied. DONE and ENTERED this 19th day of November, 1981, in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 1981. COPIES FURNISHED: Mr. Glen P. Hamner, Jr. 1231 Bayshore Drive Valparaiso, Florida 32580 John Rimes, Esquire Department of Legal Affairs The Capitol, Suite 1601 Tallahassee, Florida 32301 Samual Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Petitioner, Jorge L. Garcia, is an applicant for licensure by examination to practice architecture in the State of Florida. The architecture examination in the State of Florida is of seven parts, part of which is the written examination and the rest of which is a site and design examination, which is given in June of each year. Petitioner took the building design portion of the Architecture Registration Examination in June, 1985. This portion of the examination consists of a 12-hour sketch problem involving building design considerations. The examination is administered by the Office of Examination Services of the Department of Professional Regulation, and is supplied to the State of Florida as well as to all of the jurisdictions of the United States by the National Council of Architectural Registration Boards (NCARB). The examination itself involves the design of a structure by an applicant which meets specific requirements for placing the structure on the site, elevations, building cross- sections, facades, and floor plans. The program for the 1985 examination called for the design of a city administration building. Information supplied to the applicant includes a pre-examination booklet setting forth the architectural program to be accomplished and the various requirements to which the applicant is expected to apply himself in order to receive a passing grade. Applicants also may study a series of solutions proposed by previous successful and unsuccessful applicants so that they may anticipate and apply successful solutions when taking their own examination. At the time of the examination itself, other information is supplied to the applicant to enable him to more adequately design the structure requested and perform the necessary technical architectural requirements. In general, the purpose of the examination is to require the applicant to put together a building design solution in response to a program submitted to him by NCARB. This portion of the examination therefore, allows the national testing service grading the examination, and through it, the Florida Board of Architecture, to determine whether the applicant is able to coordinate the various structural, design, technical, aesthetic, energy, and legal requirements. The grading of the building design problem is accomplished by the review of the applicant's proposed examination solution by at least three architects selected by the various architectural registration boards of some 20 states who are then given training by NCARB to standardize their conceptions of the minimal competency required for a passing grade. Each architecture grader is then asked to review various solutions by applicants on a blind grading basis. That is, the grader has no knowledge of the name or state of origin of the applicant whose examination solution he is grading. The grader is instructed to take into consideration various criteria as set forth in Rule - 21B-14.03, Florida Administrative Code. Graders are instructed to make notations or areas of strength and of weakness on the grading criteria and then to determine, based upon an overall conception of each applicant's submission, whether or not a passing grade of 3 or 4 as set forth in Rule 21B-14.04, Florida Administrative Code, has been earned. A method used to ensure independent and confidential grading of a solution is the folding of a single score sheet in such a way as to not allow subsequent graders to see the previous score. Approximately 3 and one-half minutes is utilized as the time in which each grader has to grade each applicant's exam. Page 7 of the Juror's Manual (graders manual) points out: Examinees are entitled to make some mistakes. The program analysis, design , development and drafting are hurriedly executed in a tense situation, without recourse to normal office reference materials (Sweets catalogs Architectural Graphic Standards, etc.) and without customary time for deliberation and critique by others. Jurors (graders) are permitted to recommend changes to an applicant's submission to bring it up to passing. In order for an applicant to pass, he must receive at least two passing grades from the at least three architects who independently grade the applicant's submission. In the instant case, the Petitioner received three 2's (which are failing grades) and one 3 (which is a passing grade). Petitioner's exam solution presented a borderline case since one of the three graders who originally graded his exam gave him a passing grade. His response to notification of failure to pass this portion of the exam was a timely request for a Section 120.57(1) hearing and this proceeding ensued. While Petitioner attempted to comply with the instructions as set forth in the examination and pre-examination booklets, it is clear that in several material areas he failed to achieve requisite minimal competency necessary to receive a passing score on the examination. The testimony of Arnold Butt, Registered Architect, former chairman of the Department of Architecture at the University of Florida and a master grader in the building design examination, is the only expert testimony of record. In Butt's opinion, Petitioner's submission contained several material departures from specific program requirements applicable to the 1985 examination. Specifically, Petitioner failed to place in his submission a delivery system, thus failing to meet program requirements, and showed no method of entry or egress. Further, there was no method of entry or egress from the river walk. Although Butt complimented Petitioner in overcoming one type of circulation problem that was overlooked by many other applicants at the same examination, Petitioner's circulation design was still full of many errors described by Mr. Butt, including life safety factors. Mr. Butt admitted that the graders had not marked life safety as a weakness present in Petitioner's exam. However, Butt's critique of Petitioner's circulation problems shows circulation overlaps into the area of "design logic." For other reasons, including but not limited to Petitioner's showing of certain features such as windows only upon the elevation sheets (as opposed to upon other sheets as well) and failure to show all of an access road, his errors and omissions also overlap into the evaluation criteria of "clarity and completeness of presentation." While Petitioner attempted to show, through use of the publication of NCARB which contains within it samples of various passing and failing examinations, that his examination submission was similar to those which had been recorded as passing grades, he was unsuccessful in discrediting the overall perception of Butt that there were significant difficulties in Petitioner's design solution which, taken as a whole, were much more numerous than the various solutions (both passing and failing) which were compared with Petitioner's solution. In a review of the sample solutions, Butt conceded that some of the errors that Petitioner made were also made by some of the candidates who achieved passing scores. However, Petitioner's examination submission contained a combination of many errors in one paper, which same errors may have existed only individually in some of the passing examples. In short, Petitioner's reliance on the NCARB-produced review booklet is misplaced in that his submitted solution to the problem presented a conglomeration of many of the errors which may have been passing if presented individually in various of the examples contained in the NCARB manual. Petitioner, who has the burden of proof in these de novo proceedings, has therefore failed to demonstrate that his examination solution exhibits minimal competency within the criteria necessary for a passing score.
Recommendation Therefore, it is, RECOMMENDED that the Board of Architecture enter a Final Order affirming that Petitioner has failed the licensure examination for 1985. DONE and RECOMMENDED this 12th day of June, 1987, at Tallahassee, Florida. ELLA JANE P. DAVIS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-2195 The following constitute rulings pursuant to Section 120.59(2), Florida Statutes, upon the parties' respective proposed findings of fact (FOF). Petitioner's Proposed Findings of Fact: 1-2. Covered in Recommended Order FOF 1-3. 3-4. Covered in FOF 10. 5-7. Those portions not accepted are rejected as not supported by the greater weight of the competent substantial evidence as a whole as set forth in FOF 11-12. Further, Mr. Butt testified that once the Petitioner's solutions to the problem were utilized, it was probable the graders would not give him the benefit of the doubt to recommend changes to his submitted because any reasonable solutions they might propose would require almost total redesign of his proposed building instead of the minimal changes they might be permitted to recommend. Rejected as not supported by the competent substantial evidence as covered in FOF 7. Three and 1/2 minutes was given as a fair estimate of the time actually used, not the time permitted. Covered in FOF 9; see also ruling on proposals 5-7 above. Covered in FOF 10; see also ruling on proposals 5-7 above. Accepted but immaterial and not dispositive of any issue at bar. The graders were not precluded from making more than three recommended marks. Respondent's Proposed Findings of Fact: Covered in FOF 1; that which is rejected is subordinate and unnecessary. Covered in FOE 2. Covered in FOE 4 and 6. Covered in FOF 7 and 10. Covered in FOE 10. 6-7. Covered in FOF 11 and 12 but substantially modified for independent clarity of expression. COPIES FURNISHED: Pat Ard, Executive Director DPR-Board of Architecture 130 North Monroe Street Tallahassee, Florida 32399-0750 Jorge L. Garcia 1744 Southwest First Avenue Miami, Florida 33134 Jorge L. Garcia 231 Southwest 52nd Avenue Miami, Florida John Rimes, Esquire Department of Legal Affairs The Capitol - LL04 Tallahassee, Florida 32399-1050 Joseph A. Sole, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The sole issue in this cause is whether the Petitioner should have received a passing grade on the design and site planning portion of the National Architectural Examination, which he took in June, 1982. Both parties submitted post hearing proposed findings of fact in the form of a proposed recommended order. To the extent the proposed findings of fact have not been included in the factual findings in this order, they are specifically rejected as being irrelevant, not being based upon the most credible evidence, or not being a finding of fact.
Findings Of Fact The Petitioner, Daniel T. Canavan, is an applicant for licensure by examination to practice architecture in Florida. The architectural examination in Florida is administered in two parts: a written examination given in December of each year, and the design and site planning examination given in June of each year. Canavan met all requirements for admittance to the licensure examination. Canavan took the design and site planning portion of the National Architectural Examination in June, 1982. This examination consisted of various design and site problems to be resolved in drawings to be completed within 12 hours. The examination is administered by the Office of Examination Services of the Department of Professional Regulation. The examination is prepared and supplied to the Office of Examination Services by the National Council of Architectural Registration Boards (NCARB). The design and site planning portion of the examination for June of 1982 required the design of a small airport terminal by the applicant to include drawings of the structure on the site, exterior elevations, interior floor plans and cross-sections of the building interior. Canavan, together with the other applicants, was supplied information and a preexamination booklet setting forth generally the architectural program to be accomplished and the various requirements which the applicants would be expected to sketch. At the time of the examination, other information was supplied to the applicants to enable them to more adequately design the structure requested and meet the necessary architectural requirements. The examination of the Petitioner, together with the examinations of the applicants from some 20 states using the NCARB standardized examination, were graded at one time by graders of the NCARB. Each state participating in the examination process provides at least two qualified architects to function as graders. These graders are given specific training by NCARB to standardize their grading approach to the examination. The examinations of all the applicants are divided among the various graders on a blind grading basis in such a manner that the grader has no knowledge of the name or state of origin of the applicant whose examination he is grading. Graders look at the applicant's overall plan to determine whether the applicant has met or failed to meet the requirements. The grader makes notations of specific areas of weakness based upon the grading criteria and based upon the overall conception of the applicant's submission. Each examination is graded by a minimum of two graders, who grade the examination independently. If the examination receives a failing grade from each of the independent graders, it is graded by a third grader. The Petitioner's examination was graded in accordance with the above process and received a failing grade, indicating that it was graded by three independent graders. The Petitioner was notified of his failure to pass the examination and given notice of his right to a formal hearing. Jeff Hoxie, who was one of the graders on the June 1982 examination and who is an experienced architect licensed in the State of Florida, reviewed the Petitioner's examination in the manner that it would have been assessed by the graders, explaining the process generally and explaining the specific deficiencies which he noted. He used the original grader's comments regarding the deficiencies noted as a point of departure to explain his assessment of the Petitioner's examination. The Petitioner failed to follow specific examination requirements as to the required sizes of specific floor areas, failed to follow building code requirements in his design of the kitchen and restaurant, and failed to properly draw the sketch required of the structural and mechanical elements of the building. While there were other areas of weakness noted, Mr. Hoxie stated that the major failures listed above would justify a failing grade. Petitioner's testimony revealed that he had made a mistake in sketching one plan, and that, because of this mistake and the corrections which Petitioner made, he ran out of time, which resulted in the specific failings noted by the three graders at the national level and confirmed by Mr. Hoxie.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Board of Architecture of the State of Florida fail the Petitioner, Daniel T. Canavan, on the design and site planning portion of the National Architectural Examination taken by Canavan in June, 1982. DONE and RECOMMENDED this 11th day of April, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1983. COPIES FURNISHED: Mr. Daniel T. Canavan 814 Avenida Hermosa West Palm Beach, Florida 33405 John J. Rimes, III, Esquire Department of Legal Affairs The Capitol, Suite 1601 Tallahassee, Florida 32301 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Herbert Coons, Executive Director Board of Architecture 130 North Monroe Street Tallahassee, Florida 32301
