The Issue The issue for determination in this proceeding is whether Petitioner should receive credit for any of the 15 challenged questions in two parts of the certified general contractors examination given in June, 1993.
Findings Of Fact Petitioner took the general contractors examination given on June 29- 30, 1993. The examination consisted of three parts. The minimum score required to pass each part was 70. Petitioner passed the Business and Finance part of the examination with a score of 70. Petitioner failed the other two parts of the examination. He received a score of 61 on the Contract Administration part of the examination and a score of 67 on the Project Management part of the examination. Petitioner challenged eight questions on the Contract Administration part of the examination and seven questions on the Project Management part of the examination. The part of the examination on which each question appeared, the question number, the correct answer, and the answer chosen by Petitioner are as follows: EXAM PART QUESTION CORRECT ANSWER PETITIONER'S ANSWER Contract Admin. 2 B C Contract Admin. 5 D A Contract Admin. 10 D C Contract Admin. 11 C D Contract Admin. 13 C B Contract Admin. 20 C D Contract Admin. 22 C D Contract Admin. 37 B D Project Mgmt. 7 C D Project Mgmt. 9 D C Project Mgmt. 10 C A Project Mgmt. 11 B C Project Mgmt. 13 B A Project Mgmt. 23 D A Project Mgmt. 37 A D For each of the foregoing questions, the correct answer was the answer identified by Respondent and not the answer chosen by Petitioner. Petitioner presented no competent and substantial evidence to support his answers. The challenged questions were clearly and unambiguously worded. The challenged questions contained enough correct information to allow the candidate to select the correct response. The correct response for each of the challenged questions was supported by approved reference materials. The correct response did not require knowledge which was beyond the scope of knowledge that reasonably could be expected from a candidate for licensure. All current techniques were taken in account when the correct response was determined by Respondent. The examination was open book. Petitioner was allowed to refer to the Standard Building Code.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a Final Order and therein DENY Petitioner's challenge to the questions at issue in this proceeding. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 27th day of April, 1994. DANIEL MANRY 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 27th day of April, 1994. COPIES FURNISHED: Richard Hickok Executive Director Department of Business and Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, FL 32399-0792 Jack McRay, Esquire General Counsel Department of Business and Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, FL 32399-0792 Vytas J. Urba, Esquire William M. Woodyard, Esquire Department of Business and Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, FL 32399-0792 Mr. Behzad Khazraee 142 Tollgate Trail Longwood, FL 32750
The Issue Whether Petitioner should be granted additional credit for one or more examination questions answered by him during the June 1990 Certified Building Contractor Examination.
Findings Of Fact Petitioner sat for reexamination at the June 1990 certified building contractor examination. On Part II, he received a score of 74.0. A minimum passing score is 69.01. On Part III, he received a score of 67.00. Minimum passing score is 69.01. Petitioner had previously passed Part I of the exam. Petitioner initially challenged question numbers 4, 10 and 17. The National Assessment Institute prepares licensure examinations for building contractors in the State of Florida under authority of the Office of Examination Services, Department of Professional Regulation. The Institute prepared question numbers 4, 10 & 17 for the certified building contractor examination administered on June 26 and 27, 1990. As to question number 4, the only correct response to the question was answer "B". Petitioner's answer to the question was "D", which was not acceptable. As to question number 10, the correct response was answer "C". Petitioner's answer "B", was not acceptable. As to question number 17, the correct response was answer "C". Petitioner's answer "A" was not acceptable. The Department's determination that answers "B", "C" and "C" were the only appropriate answers was not arbitrary and unreasonable.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the challenge by Petitioner that he be awarded a passing grade for Part III of the June 1990 certified building contractors examination be DENIED. DONE AND ENTERED this 19th day of April, 1991, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 19th day of April, 1991. COPIES FURNISHED: Robert J. Uebelacker 326 NW Catherine Avenue Port Charlotte, FL 33952 Vytas J. Urba, Esquire Senior Attorney Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Daniel O'Brien, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Jack McRay, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner's application for licensure in the category of mechanical plans examiner should be approved.
Findings Of Fact Based upon the testimony and evidence received at the formal hearing, the following findings of fact are made: Petitioner has been employed as a plans examiner for the City of Melbourne (City) since 1988. Petitioner has been a certified building plans examiner since 1994. She also holds certification as a standard and limited building inspector. Sometime in October 2003, Petitioner was informed that her limited plans examiner license, No. LP 369, had been permitted to expire on November 30, 1997, for failure to pay her renewal fee. The building official in her department at the City advised her that the renewal for the license had not been paid since 1996. It has been the practice of her department to automatically renew each of her licenses with the appropriate board, each year, as it came due, as a service to its employees. Why this one license, among several, was not renewed is unknown. After notification of the expiration of her limited plans examiner license, Petitioner immediately discontinued the review of electrical, mechanical, and plumbing plans and contacted the Department of Business and Professional Regulation (DBPR), reported the oversight, and requested directions on how to reinstate the limited plans examiner license, No. LP 369. No response was forthcoming; however, on October 27, 2003, DBPR issued an unsigned Notice and Order directed to Petitioner to cease and desist practicing as a limited plans examiner. Petitioner immediately complied and sought reinstatement. No formal disciplinary action was taken; however, reinstatement was denied on the grounds that her license had become null and void on November 30, 1997, pursuant to the self-executing language contained in Section 455.271, Florida Statutes. On January 3, 2005, Petitioner submitted an application to DBPR as a mechanical plans examiner. By Notice of Intent to Deny, dated July 18, 2005, DBPR notified Petitioner that it intended to deny Petitioner's application for licensure as a mechanical plans examiner. Citing Sections 468.607, 468.609, and 468.621, Florida Statutes, Respondent alleged that Petitioner did not have five years of combined experience in the field of construction, or a related field, or plans review corresponding to building plan review; that Petitioner did not provide an affidavit for each separate period of work experience from an architect, engineer, contractor, or building code administrator who has knowledge of Petitioner's duties and responsibilities; that Petitioner was employed by a local government authority without being properly licensed; and that she performed unlicensed activities in violation of the provisions of Chapter 468, Florida Statutes. Petitioner has shown that she satisfied the following requirements for licensure as a mechanical plans examiner. The evidence shows that: Petitioner is more than 18 years of age and is of good moral character; Petitioner has more than five years of combined experience in the field of construction and plans review; and Petitioner's application provided an affidavit for each separate period of work experience from a building code administrator who has knowledge of Petitioner's duties and responsibilities. Petitioner has more than adequate time in plans review, she did submit an affidavit of work experience signed by her building code administrator, and the administrator has a thorough knowledge of her duties. Building Official Alan Beyer, BU 383, certified to her years of plans review. Petitioner has been reviewing plans for the City since 1988. In 1994, based on her prior experience, Petitioner received a license as a limited plans examiner. Said license was allowed to expire through non-renewal and became void on November 30, 1997. Petitioner continued to perform her job until she was notified in October 2003 that her license had expired. Petitioner immediately discontinued the review of electrical, mechanical, and plumbing plans. Nevertheless, Petitioner performed activities during the period of 1997 through 2003, for which she was not licensed. However, the evidence is clear that Petitioner did not knowingly do so. Respondent has been previously licensed by Petitioner as a limited building inspector, a standard building inspector, and a standard building plans examiner. Each of these licenses has been maintained and is current, including the standard building plans examiner license, No. PX 838. Petitioner has no history of discipline in any of these areas, since 1993, the year the state first began to regulate this occupation. Petitioner has kept current the continuing educational requirements for each category for which she holds a license, including that of limited plans examiner. The subcategory of plumbing plans examiner was recently added to the standard building plans examiner license already held by Respondent. This subcategory required the same work experience (five-year combined experience) and affidavits signed by a building code administrator. The Board approved this addition to Petitioner's license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order granting Petitioner's request to complete the requirements for future standard licensing as a mechanical plans examiner. DONE AND ENTERED this 7th day of December, 2006, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of December, 2006.
