The Issue Whether Petitioner's application for registration to practice architecture in Florida should be approved.
Findings Of Fact Based upon the documentary evidence received and the entire record compiled herein, the following relevant facts are found. By letter dated April 7, 1982, authored by Herbert Coons, Jr., Executive Director for the Board of Architecture, Petitioner's application for registration to practice architecture in Florida was denied "due to the fact that [his] application does not show evidence that [he] had the professional degree which is required pursuant to Florida Statutes 481.213(3)(a)." Petitioner was further advised that he had failed to show that he satisfied the requirements of Florida Statutes 481.213(3)(b) or that he had engaged in the practice of architecture in another state for the ten (10) years, in conformance with Florida Statutes 481.213(3)(c). Therein, Petitioner was further advised that he could appeal the Respondent's denial of his application to practice architecture. Petitioner appealed that denial, and the matter was referred to the Division of Administrative Hearings for a formal hearing pursuant to Section 120.57(1), Florida Statutes. Pursuant thereto, the matter was noticed for hearing by copy of a Notice of Hearing dated December 14, 1982, scheduling the matter for hearing on February 18, 1983, in Miami, Florida. As stated, the Petitioner, or a representative on his behalf, did not appear to prove his entitlement for approval of his application for registration to practice architecture in the State of Florida. Based thereon, it is hereby RECOMMENDED: That the Department of Professional Regulation, Board of Architecture, enter a Final Order denying Petitioner's application for registration to practice architecture in the State of Florida. RECOMMENDED this 17th day of March, 1983, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of March, 1983.
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
