The Issue Whether problems occurred in Petitioner's examinations for licensure during the October 1990 and February 1991 construction examinations which were due to the Department's inaction or negligence. Whether provisions were made for Petitioner's physical handicap during the exam process. Whether Petitioner's responses to the examination questions on either of the examinations were sufficient to allow him to receive a passing grade and licensure.
Findings Of Fact Petitioner Woodring has taken the Certified Residential Contractor's Examination three times. During these test taking sessions, he has been unable to successfully pass the examination. The second time Petitioner took the examination was in October 1990. His scores on the examination were: Part I - 64; Part II - 66; and Part III - 63. A passing score for each part is 69.01. 3. After receiving his test results, Woodring challenged the scoring of some of the questions on the examination. At hearing, Woodring challenged the following questions: Part I - Questions 3 and 16; Part III - Questions 7, 8 and Petitioner also challenged the exam format and procedures. He asserts that provisions were not made for his learning disabilities or physical handicaps. Petitioner gave the answer "D" as the correct answer for Question 3 on Part I of the examination. The Department established at hearing that the question contained all of the information necessary to make the required computations and that "B" was the correct answer. Petitioner did not demonstrate entitlement to credit for his incorrect answer to that question. During the test, he made a mathematical error when he calculated the cost of the program and a second mathematical error when he projected the savings. As a result, he arrived at the wrong answer. Petitioner marked "B" as the correct answer to Question 16 on Part I. The Department established at hearing that the correct answer is "C". The answer given by Petitioner was erroneous. He admitted at hearing that he had used the wrong table in the Circular E withholding chart from the Internal Revenue Service reference material. During his reading of the problem, he had confused "biweekly" and "semimonthly." Petitioner did not demonstrate entitlement to credit for his incorrect answer on that question. On Question 7 on Part III, Petitioner marked "D" as the correct answer. In reaching that result, Petitioner correctly calculated the amount of liquidated damages that would occur if the contractor decided to wait during a delay period on the delivery of his original tile order. Petitioner's response to the question was based on this calculation. The calculation of the liquidated damages was a preliminary calculation in a larger, more complex problem. Petitioner was required to also calculate the cost of the more expensive tile which could be delivered on time, and determine if the use of this tile would be less expensive to him or her than waiting on the delayed delivery of the less expensive tile. The question was unambiguous, and the exam materials contained all of the information necessary for completion of the problem. The Department established at hearing that the correct answer was "B". Petitioner failed to comprehend that he was to mitigate the costs to a contractor from the tile delay by determining if the immediate use of the more expensive tile would be less costly to a contractor than the anticipated liquidated damages. The flaw was in Petitioner's reading comprehension of this problem as opposed to a flaw in the challenged question. As a result, Petitioner is not entitled to credit for his answer. The correct answer for Question 8 on Part III is "C". Petitioner gave "A" as the correct answer. When Petitioner did his calculations of the material and labor costs for the creation of the concrete driveway, he used only the descriptions of material and labor costs charted in the problem. He did not apply this information to the additional information set forth in the Residential Plans and specifications. The problem directed the examinees to refer to the Residential Plans and specifications when solving this problem. These documents contained the data needed to calculate the area of the driveway. Petitioner's failure to apply the information provided in the plans resulted in the underestimation of the area of the driveway by over 33 percent. This significant difference was what caused Petitioner to select the wrong answer to the exam question. The Department established at hearing that the correct answer was "C". The question was unambiguous. Petitioner is not entitled to credit for the answer he gave to this question. The correct answer for Question 13 of Part III is "A". Petitioner marked "D" as the proper response. A review of the Residential Plans and specifications shows that the structure did not contain any forty x one x four trusses. Therefore, no time was required for the lifting and placing of trusses of this size. In arriving at his answer, Petitioner failed to determine the size of the trusses he was counting on the Residential Plans. If he had properly read the plans, he would have seen that there were no trusses of this size, according to the specifications. By failing to size the trusses on the plan, Petitioner came to an incorrect answer. He is not entitled to credit for the answer given because he did not demonstrate competence in reading and interpreting plans, as required by the question. During the application process, all exam candidates are advised in writing that the Department will provide special assistance to candidates with learning disabilities or physical handicaps to the ultimate extent possible. The burden is on the exam candidate to timely request the special assistance and to obtain the prerequisite certification of handicaps. Petitioner did not notify the Department of his handicaps in the manner set forth in the Candidate Booklet provided to him during the application process. If proper certifications had been provided prior to the last two testing sessions, the Department could have made a decision as to whether the test instrument and test administrative procedures should have been modified on Petitioner's behalf. The Petitioner, who now understands that Certifications of Handicaps are necessary, has had such certifications of handicap completed since the February 1991 examination. The Department was not under a duty to discover Petitioner's handicaps nor was it required to make provisions for those handicaps in the testing process without prior receipt of the necessary information. No provisions were made for Petitioner's handicaps during the October 1990 and February 1991 testing sessions. At hearing, Petitioner established he was deaf and did not understand verbal instructions and time warnings during the aforementioned testing sessions. This situation adversely affected his performance on both occasions.
Recommendation Accordingly, it is RECOMMENDED: The Department should enter a Final Order which denies Petitioner's challenges to Part I - Questions 3 and 16; Part III - Questions 7, 8 and 13. Petitioner's request for certification without a demonstration of competency through successful completion of the exam should also be denied. Prior to any reexamination, the proper prerequisite certifications should be given to the Department by Petitioner so that special assistance can be given, if needed. The Joint Exhibit and Respondent's Exhibits 5 and 6 should remain sealed and not open to public inspection. Any other exhibits or file documents marked confidential should also remain sealed. DONE and ENTERED this 15th day of April, 1992, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY 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 15th day of April, 1992. APPENDIX TO RECOMMENDED ORDER, CASE Nos. 91-1883 & 91-2692 Respondent's proposed findings of fact are addressed as follows: 1. Accepted. 2. Accepted. See HO #2. 3. Accepted. See HO #3. 4. Accepted. 5. Accepted. 6. Accepted. 7. Accepted. See HO #6. 8. Accepted. 9. Accepted. 10. Accepted. See HO #16. 11. Accepted. See HO #18. 12. Accepted. 13. Accepted. See HO #22. 14. Accepted. 15. Accepted. 16. Accepted. See HO #23. 17. Accepted. 18. Accepted. See HO #8. 19. Accepted. See HO #9 and #10. 20. Accepted. 21. Accepted. 22. Accepted. Rejected. Contrary to fact. Accepted. Copies furnished: VYTAS J URBA ESQ ASST GENERAL COUNSEL DEPARTMENT OF PROFESSIONAL REGULATION NORTHWOOD CENTRE STE 60 1940 N MONROE ST TALLAHASSEE FL 32399-0792 RON WOODRING 38219 PALMGROVE DR ZEPHYRHILLS FL 33541 LEONARD M ERNEST MA ED HILLSBOROUGH COMMUNITY COLLEGE DALE MABRY CAMPUS/INTERPRETER TRAINING PROGRAM PO BOX 30030 TAMPA FL 33630-3030 DANIEL O'BRIEN/EXECUTIVE DIRECTOR CONSTRUCTION INDUSTRY LICENSING BOARD 111 EAST COASTLINE DR - RM 504 PO BOX 2 JACKSONVILLE FL 32202 JACK McRAY ESQ/GENERAL COUNSEL DEPT OF PROFESSIONAL REGULATION NORTHWOOD CENTRE - STE 60 1940 N MONROE ST TALLAHASSEE FL 32399 0792
Findings Of Fact Respondent is the state agency charged with the duty of regulating general contractors in the State of Florida. An applicant for certification as a general contractor must pass the examination administered by Respondent as a prerequisite to certification. Section 489.113(1), Florida Statutes. Petitioner sat for the certified general contractor's examination on October 14-15, 1988. Petitioner did not pass Part I of the examination. Petitioner scored the highest score one can score on Part I without passing that part of the examination. While Petitioner received a grade of 69 on Part I of the examination, a grade in excess of 69 is required to pass. Had Petitioner been awarded any credit for his answers to the challenged questions, he would have passed Part I of the examination. Petitioner timely challenged the grading of four examination questions contained in Part I of the examination for which he received no credit, to wit: Question 5, Question 26, Question 32, and Question 39. Petitioner's challenges were as to the format of the question or as to the grading of the question. Petitioner abandoned any challenge he may have had to other questions. Each of the challenged questions is an objective, multiple choice question. The candidate is required to choose the correct response from among four possible answers. Prior to taking the examination, Petitioner was told by Respondent that certain approved reference materials were used in formulating the examination questions and that certain reference materials could be used during the examination. Question 5 provided certain information from which the candidate was to determine the correct answer to an accounting problem. The question contained sufficient information to correctly answer the problem. The evidence does not support Petitioner's contention that this question is unfairly tricky. The accounting formula which was necessary to determine the correct answer to the problem was available to Petitioner in the reference material he was permitted to use during the examination. Respondent gave Petitioner no credit for his answer to Question 5 because Petitioner gave the wrong answer to the question. Question 26, required the candidate to correctly answer a question about a reporting requirement of the Occupational Safety and Health Administration (OSHA). The question contained sufficient information to determine the correct response. The basis of Petitioners challenge to this question is that the information needed to answer the question was not contained in the reference material published by OSHA. The information needed to arrive at the correct response is contained in other reference material Petitioner was permitted to use during the examination. Respondent gave Petitioner no credit for his answer to Question 26 because Petitioner gave the wrong answer to the question. Petitioner contends that two of the four responses to Question 32, which involved statements as to partnerships, are correct and that he should be given credit for his response to the question. Petitioner made unwarranted assumptions in arriving at his answer which resulted in his answer being incorrect. The question contained only one correct response. The question provided sufficient information to enable Petitioner to arrive at the correct response through the use of the reference materials that the candidates were permitted to use. Respondent gave Petitioner no credit for his answer to Question 32 because Petitioner gave the wrong answer to the question. Petitioner contends that two of the four responses to Question 39, which involved statements about workers compensation, are correct and that he should be given credit for his response to the question. Petitioner made unwarranted assumptions in arriving at his answer which resulted in his answer being incorrect. The question contained only one correct response. The question provided sufficient information to enable Petitioner to arrive at the correct response through the use of the reference materials that the candidates were permitted to use. Respondent gave Petitioner no credit for his answer to Question 39 because Petitioner gave the wrong answer to the question. None of the candidates who sat for the examination, including Petitioner, was awarded partial credit for an incorrect response.
Recommendation Based on the foregoing bindings of Fact and Conclusions of Law, it is: RECOMMENDED that Respondent, State of Florida, Department of Professional Regulation, enter a final order which finds that Petitioner abandoned his challenges to all questions except Question 5, Question 26, Question 32, and Question 39 and which denies Petitioner's challenges to Question 5, Question 26, Question 32, and Question 39. It is further recommended that the questions filed as exhibits in this proceeding be sealed. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 12th day of January, 1990. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 1990. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-4934 The following rulings are made on the proposed findings of fact submitted on behalf of Respondent. The proposed findings of fact in paragraph 1 are adopted in material part by paragraph 1 of the Recommended Order. The proposed findings of fact in paragraph 2 are adopted in material part by paragraph 1 of the Recommended Order. The proposed findings of fact in paragraph 3 are adopted in material part by paragraph 2 of the Recommended Order. The proposed findings of fact in paragraph 4 are adopted in material part by paragraph 3 of the Recommended Order. The proposed findings of fact in paragraph 5 are adopted in material part by paragraph 4 of the Recommended Order. The proposed findings of fact in paragraph 6 are adopted in material part by paragraph 5 of the Recommended Order. The proposed findings of fact in paragraph 7 are rejected as being subordinate to the findings made. The proposed findings of fact in paragraph 8 are rejected as being subordinate to the findings made. The proposed findings of fact in paragraph 9 are adopted in material part by paragraph 5 of the Recommended Order. The proposed finding of fact in paragraph 10 are adopted in material part by paragraph 6 of the Recommended Order. The proposed findings of fact in paragraph 11 are adopted in material part by paragraph 7 of the Recommended Order. The proposed findings of fact in paragraph 12 are adopted in material part by paragraph 8 of the Recommended Order. The proposed findings of fact in paragraph 13 are adopted in material part by paragraph 9 of the Recommended Order. The proposed findings of fact in paragraph 14 are rejected as being subordinate to the findings made. The proposed findings of fact in paragraph 15 are adopted in material part by paragraph 10 of the Recommended Order. The proposed findings of fact in paragraph 16 are adopted in material part by paragraphs 6-9 of the Recommended Order. COPIES FURNISHED: Dirk Douglas Summerlot, pro se 16146 75th Avenue North Palm Beach Gardens, Florida 33418 Robert G. Harris, Esquire Qualified Representative Department of Professional 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Kenneth D. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street, Suite 69 Tallahassee, Florida 32399-0792 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 =================================================================
The Issue The issues in this case are whether Petitioner, Gary P. Santoro (“Petitioner” or “Mr. Santoro”), undeservedly received a failed grade on the Construction Business and Finance Examination (“Examination”) for licensure as an air-conditioning contractor; whether any questions on the examination had more than one correct answer; whether the examination is unfair; whether there is transparency in the examination review process; and whether the examination grading process is arbitrary and capricious.
Findings Of Fact Mr. Santoro took the Examination on November 16, 2018. Petitioner failed the Examination because he scored less than 70 percent correct. The Examination contains 125 questions, 120 of which are scored. The other five are not scored and are considered “pilot” questions for potential use on future examinations. In order to pass the Examination, a candidate must obtain a score of at least 70 percent. All scored questions on the Examination are weighted equally. As a result of failing to pass the Examination, Petitioner was notified of his results. All questions on the Examination had a single correct answer. Cynthia Woodley, Ph.D., employed by Professional Testing, Inc. (“PTI”), as the chief operating officer, is an expert in psychometrics and exam development. She holds a master’s degree in vocational education and a doctorate in curriculum and instruction with a specialization in measurement. Her current position calls for her to manage a number of licensure and certification exam programs. She explained at length how specific questions become part of a professional licensure exam. To develop questions, her company brings in any number of subject matter experts, people actually employed in the professions being tested, and they help develop subject matter questions for a particular exam. That was the process used for development of the Examination in this matter. Once the subject matter experts are trained in exam question writing techniques, they write questions, which are reviewed by other subject matter experts to determine whether the questions are fair and understandable enough to be answered by prospective test takers. Generally, five subject matter experts review each question before it makes its way onto an exam. PTI measures the “P value” of the questions by determining what percent of individuals taking a given exam answer a particular question correctly. For example, a P value of .90 means that 90 percent of the people taking the exam answered a particular question correctly. PTI looks for a wide range of P values in its exam questions. If a P value is too low, say .40, the company might reexamine that question to determine whether it should be removed from future exams since fewer than half the people taking the exam answered it correctly. The business and finance portion of the exam is given to all contractors, regardless of their specialty, with the exception of pool service contractors. Here, Petitioner, a HVAC contractor was administered the same Examination as plumbing contractors, electrical contractors, general contractors, etc. Each of the 120 questions on the exam in this case was equally weighted. There were also five pilot questions inserted into the exam, which did not count towards the total score, but were included as test questions for future exams. Petitioner provided hearsay documents regarding computer hacking and computer glitches associated with some exams administered around the United States. However, he did not connect the articles submitted into evidence to the exam administered in this case or any exam administered by the Department in Florida. Dr. Woodley was familiar with the allegations of computer glitches in testing, but testified that the problems were with K-12 testing in schools, not with professional licensure exams, such as administered by the Department. Therefore, since the hearsay evidence was not linked to the exam at issue or similar professional licensure exams given in Florida, it is entitled to no weight in arriving at the decision in this case. Question BF 1290 has a single correct answer, which is answer “C.” Petitioner selected answer “B.” Petitioner was unable to demonstrate that the answer he selected was correct. Question BF 0473 has a single correct answer, which is answer “A.” Petitioner selected answer “C.” This question asks for an answer of general applicability. Petitioner’s claim that his answer is equally correct is based on a narrow exception in law. Accordingly, Petitioner was not able to demonstrate that the answer he selected was correct. Question BF 0162 has a single correct answer, which is answer “B.” Petitioner selected answer “C.” Petitioner was unable to demonstrate that the answer he selected was correct. Question BF 1691 has a single correct answer, which is answer “C.” Petitioner selected answer “D.” Petitioner was unable to demonstrate that the answer he selected was correct. Petitioner was unable to submit sufficient evidence to show that the Examination is unfair, that there is insufficient transparency in the examination review process, or that the examination grading process is arbitrary and capricious. Accordingly, he cannot prevail in his challenge to the Examination. Petitioner testified that he took and passed the HVAC contractors special license examination on his first attempt. He has taken the Examination on numerous occasions and is yet to be successful. He testified he studied hard for every administration of the exam, but just cannot reach the finish line successfully. While that is unfortunate, the evidence does not support that his failure to succeed on the Examination is the fault of the exam itself or of the Department either in its contracting to have the exam created or in the administration of the exam. From the way he conducted himself at hearing, Petitioner appears to be an intelligent, diligent, and successful individual in his HVAC business. For some unknown reason he has been unable to successfully complete the Examination. His persistence in retaking the Examination multiple times is admirable and should ultimately pay off with his successful passage of the Examination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Construction Industry Licensing Board enter a final order upholding the Department’s Amended Grade Report finding that Petitioner failed to achieve a passing score on the Construction Business and Finance Examination, which he took on November 16, 2018. DONE AND ENTERED this 23rd day of August, 2019, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of August, 2019. COPIES FURNISHED: Thomas G. Thomas, Esquire Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 (eServed) Gary Peter Santoro Hometown Air & Services 8229 Blaikie Court Sarasota, Florida 34240-8323 (eServed) Ray Treadwell, General Counsel Office of the General Counsel Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 (eServed) Daniel Biggins, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399 (eServed) Halsey Beshears, Secretary Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 (eServed)
Findings Of Fact Donald A. Moyant, Petitioner, operates a contractors' exam school in Brandon, Florida, at which he preps builders to take the CILB exam for licensure as contractors. Petitioner took the exam given in June 1985 and received a score of 58.60. A score of 70.00 is required to pass this examination. The only answer that Petitioner questions is the answer he supplied to question No. 2, which related to the number of reinforcing bars required in a concrete slab of given dimensions and spacings of the bars. In Petitioner's solution to the problem he dropped the fractional bar that resulted from dividing the length of the slab by the spacing between bars. The correct solution requires the addition of a bar for this fractional spare. Petitioner's purpose in pursuing this proceeding is to obtain information to use in his Contractors Exam School, Inc. Since he would not have passed the examination even if his solution to question No. 2 had been marked correct, Petitioner is without standing to bring this action because he is doing so on behalf of the school he runs and not to allow him to receive a passing grade.
Findings Of Fact 1. The Findings of Fact set forth in the Recommended Order are approved, adopted, and incorporated by reference as modified by Rulings on Respondent’s Exceptions noted above. 2. There is competent, substantial evidence to support the Findings of Fact.
Conclusions Based upon the foregoing findings of fact and conclusions of law, it is Ordered that Petitioner’s challenge to the licensure examination taken December 6, 2000, is Denied and his petition is Dismissed. This order takes effect upon filing with the Clerk of the Department of Health. Done and Ordered this ( , day of , 2002. BOARD OF PODIATRIC MEDICINE
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the agency clerk of the Department of Health and a second copy, accompanied by filing fees prescribed by law, with the District Court of Appeal. That Notice of Appeal must be filed within thirty days of rendition of the order to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Certified Mail to Charles Pellegrini, Katz, Kutter, Alderman, Bryant & Yon, P.A., 106 E. College Ave., Suite 1200, Tallahassee, FL 32301, and Perry Verleni, 7624 S.W. 56th Avenue, Gainesville, FL 32608, and by interoffice mail to Cherry Shaw, Department of Health, 4052 Bald Cypress Way, Tallahassee, FL 32399-1783, Ella Jane P. Davis, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060, and to Ann Cocheu, Office of the Attorney General, PL 01 The Capitol, Tallahassee, FL 32399-1050, this IS. day of "\ , 2002. LE qlee F.\Usens\ ADMIN\WILMA\ Ann \pod\000208d.wpd
The Issue Whether Petitioner's challenge to the grades she received on certain portions of the clinical examination administered in December 1996 (to applicants for licensure as a dentist) should be sustained.
Findings Of Fact Because no evidence was offered at the final hearing held in this case, the undersigned is unable to make any findings of fact relating to the merits of Petitioner's Examination Challenge.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of Health, Board of Dentistry, issue a Final Order dismissing Petitioner's Examination Challenge. DONE AND ENTERED this 20th day of November, 1997, in Tallahassee, Leon County, Florida. STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 1997. COPIES FURNISHED: Dr. Michele E. Worthy, pro se 7501 East Treasure Drive Apartment 6-L North Bay Village, Florida 33141 Kim A. Kellum, Esquire Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building Three Tallahassee, Florida 32308-5403 William Buckhalt, Executive Director Department of Health, Board of Dentistry Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0765 Angela T. Hall, Agency Clerk Department of Health 1317 Winewood Boulevard, Building Six Tallahassee, Florida 32399-0700
Findings Of Fact The Petitioner, James Ilardi, was an unsuccessful candidate for the June, 1989 General Contractor's Construction Examination in the State of Florida. He is an experienced contractor and is licensed in the State of South Carolina. He is the past President of the Charleston Contractor's Association in South Carolina. He has experience with most types of building construction, including office buildings, military facilities, hospitals, factories and other large projects. He served as Chief Executive Officer for a design and construction firm for a period of ten years. The Respondent is an agency of the State of Florida charged with administering the certified general contractor's examination and with regulating the licensure and practice of construction contractors in the State of Florida. The Petitioner sat for the certified general contractor's examination in June, 1989. He has challenged the scoring of his answers to questions 2, 11, 12, 17, 19 and 33 on that examination. During the course of the hearing, he abandoned his challenges to questions 2, 17, 19 and 33. If he were accorded correct answers to either of the remaining challenged questions, numbers 11 or 12, he would have a sufficient score to obtain a passing grade of 70 on that examination. Both questions 11 and 12 used a "critical path network diagram" for use in working out the correct answer to the questions. The Petitioner criticized the diagram as being obscure, difficult to read and containing error. He maintained that it was not supported by the representations found in the reference materials recommended by the Respondent, in its "Instructions to Candidates", as being the material to use to arrive at answers to the questions. The Petitioner contends that the size of the diagram, "the multiple fonts, the difference in the intensity of the print, and the use of symbols all contribute to the obscurity and illegibility of the diagram, itself". In particular, he complains that the symbol listing includes a symbol which he did not find on the diagram. That is, the symbol for "structural steel" and "steel bar joists, which is two straight vertical parallel lines. He also complains that general practice in the construction industry, in his experience, and as indicated in the reference work "Construction Contracting", pages 325-326, one of the references listed for candidates to use in answering these questions, recommends against the use of symbols in lieu of abbreviated notations for description of activities on such a diagram. The main complaint he had concerning the use of symbols, however, was the fact that use of symbols, and having to constantly defer to the symbol legend on the exam materials, was time-consuming and was not generally accepted industry practice or procedure. He contends that the diagram contains error or is obscure and does not conform to the Respondent's recommended reference materials nor to industry standards and. is deficient in format, design and reproductive quality. Thus, he maintains that questions 11 and 12 do not adequately test the knowledge or skills necessary for licensure as a general contractor. The Petitioner acknowledged that the questions at issue had been reviewed twice by the Respondent's examination content specialist and that an "item analysis and review process" by the Respondent's expert resulted in the Respondent maintaining its position that the two questions and supporting materials were valid in fairly testing the knowledge of general contractor licensure candidates. In summary, the Petitioner contends that as to question 11, the symbol for steel bar joists, the two parallel vertical lines, does not appear on the diagram; therefore, he was unable to determine whether his answer was correct or not. As to question number 12, he maintains, in essence, that the use of symbols instead of brief abbreviated descriptions of the activities involved, accompanying the arrows in the diagram which indicate the critical path for the activity in question (paint work), render answering the question confusing and time consuming in having to constantly refer to the symbol legend and look for the symbols. He states that, in his 20 years of construction industry experience, he has not had to use symbols in working with a critical path diagram. The Petitioner did not demonstrate, however, that the use of symbols was incorrect procedure as delineated in the reference materials supplied to the candidates and which they were instructed to use in answering the questions on the examination. The Respondent produced the testimony of Mr. Olson, a Florida certified general contractor, who is also employed with the National Assessment Institute which developed this examination. Mr. Olson, however, did not, himself, have a hand in developing the examination. Mr. Olson did, however, review the Petitioner's challenges to the questions at issue and his responses, reviewed questions 11 and 12, as well as the Respondent's asserted correct answers to those questions and the methodology used in reaching those answers. Mr. Olson established that this was an "open-book" examination and the candidates were informed of and supplied all necessary reference materials to answer these two questions. The only optional consideration was that candidates could have used a calculator to speed up their calculations and were informed that it was permissible to use a calculator. Question 11 required candidates to calculate the total time necessary to install structural steel and steel bar joists in interpreting the activity network represented by the diagram in question. They were asked to calculate whether the installation was ahead of schedule or behind schedule and by how much. Mr. Olson established that the correct response was "C", which is two days behind schedule. Mr. Olson demonstrated that it was quite possible for a candidate to make this calculation and track this in formation on the diagram provided the candidates, through reading the path with the symbols, which alphabetically represent the activity, and which are numerical in representing the time in days. He established that this is very typical of the construction industry, related to the preparation, reading and interpreting of blueprints. A tremendous amount of symbols and legends are typically used in preparing and interpreting blueprints. Mr. Olson established that the pertinent number, 85 days, could be calculated for installation of structural steel and steel bar joists, based upon the information supplied to the candidates. By using the diagram and the information supplied with the question, the candidate can calculate that the actual number of days that were taken for the job was 87 days and therefore, that the project, at that point, was two days behind schedule. Mr. Olson performed this calculation by using the actual diagram the Petitioner used and reference information the Petitioner was given to use in answering the actual examination question at issue. He also established that the two parallel lines representing steel bar joists and structural steel on the diagram, and in the symbol legend supplied with the diagram, were indicated on the diagram supplied to Mr. Ilardi at the examination. Mr. Olson also established that the reference quoted for question number 11 was walkers Building Estimator's Reference Book, which, indeed, listed the type of activity network depicted in the diagram used by candidates for question number 11 and 12. Mr. Olson also established that question number 12 requires a candidate to work through an activity network diagram to find the amount of days necessary from the beginning of a project to the time the painting activity begins. He established that the answer could be obtained without the use of any other reference materials other than the information depicted on the diagram, itself, associated with the question. He established that the only correct answer from that information on the diagram could be "D" or 153 days. The Petitioner did not establish that his answer to question number 12, nor to question number 11 for that matter, was a correct answer and did not establish that there was any misleading quality or ambiguity in the wording of the questions and the associated information which would mislead a candidate into calculating the wrong answers or that there was erroneous information depicted in the reference materials or the diagram which would result in the candidate being misled into giving a wrong answer to questions 11 and 12.. Mr. Ilardi challenged the examination as to the testing environment, as that relates to the ambient light level in the examination room and to the acoustic qualities of the room. He also asserted that the test was not standardized throughout the State and was biased due to age, because of the perceived hearing and vision difficulties which he believed were caused by the acoustics in the examination room and the light available. Other than stating his opinions in this regard, he produced no testimony or evidence concerning these alleged qualities of the testing environment. It was demonstrated by she Respondent that, indeed, the test is standardized throughout the State and is the one given to all candidates in Florida, regardless of the test location.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, and the candor and demeanor of the witnesses, it is therefore RECOMMENDED that a Final Order be entered denying Petitioner's request to receive a passing grade on the certified general contractor's licensure examination. DONE and ENTERED this 4th day of May, 1990, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 4th day of May, 1990. APPENDIX TO RECOMMENDED ORDER CASE NO. 89-3784 Petitioner's Proposed Findings of Fact Rejected. The Petitioner was not qualified as an expert witness. Other than that, this finding is accepted. Rejected, as not in accord with the preponderant weight of the evidence. Rejected, as not supported by the preponderant weight of the evidence. 4.A.-4.C. Accepted. 4.D. Rejected, as not in accordance with the preponderant weight of the evidence. Accepted, but not itself materially dispositive. Rejected, as not in accordance with the preponderant weight of the evidence. Rejected, as not in accordance with the preponderant weight of the evidence. Rejected, as not in accordance with the preponderant weight of the evidence and as subordinate to the Hearing Officer's Findings of Fact on this subject matter. Rejected, as not constituting a finding of fact, but rather a quotation from the transcript of the proceedings. Rejected, as not in accordance with the preponderant weight of the evidence and as subordinate to the Hearing Officer's Findings of Fact on this subject matter. Rejected, as immaterial and not probative of the issues of whether the questions were ambiguous or misleading or whether the Petitioner's answers were correct. Rejected, as not in accordance with the preponderant weight of the evidence. Rejected, as not in accordance with the preponderant weight of the evidence. Rejected, as not in accordance with the preponderant weight of the evidence, and as not materially dispositive. 4.1. Rejected, as not materially dispositive. Rejected, as immaterial. Rejected, as immaterial. Accepted, but not a matter of factual dispute and immaterial. Respondent's Findings of Fact 1-10. Accepted. COPIES FURNISHED: Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board P.O. Box 2 Jacksonville, FL 32202 Kenneth D. Easley, Esq. General Counsel Department of Professional Regulation 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-0792 E. Harper Field, Esq. Deputy General Counsel Department of Professional Regulation 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-0792 Mr. James Ilardi P.O. Box 8095 Jacksonville, FL 32239
Findings Of Fact Respondent, Randall J. Cason, is a certified law enforcement officer having been issued certification number 0228323 on December 8, 1980 by petitioner, Criminal Justice Standards and Training Commission. Until sometime in 1986, he was employed as a police office by the City of Miami. On or about March 4, 1986 Cason was convicted of conspiracy to commit bribery by a public servant (a first degree misdemeanor) and bribery by a public servant (a third degree felony). On April 21, 1986 he was sentenced to serve five years in prison for the felony conviction.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent's law enforcement certification number 0228323 be REVOKED. DONE AND ORDERED this 13th day of August, 1987, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of August, 1987. COPIES FURNISHED: Joseph S. White, Esquire Post Office Box 1489 Tallahassee, Florida 32302 Mr. Randall J. Cason 2521 Ludlum Road Miami Springs, Florida 33166 Mr. Rod Caswell, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Mr. Robert R. Dempsey Executive Director Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
