04-001642 Nicholas Sasso vs. Board Of Building Code Administrators And Inspectors Status: Closed Recommended Order on Friday, September 24, 2004.

Summary: Respondent should grant a license application when the preponderance of the evidence at the hearing shows that the applicant has five years of statutorily required experience; amended as to paragraph numbers and copies furnished.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NICHOLAS SASSO, )

)

Petitioner, )

)

vs. ) Case No. 04 - 1642

)

BOARD OF BUILDING CODE )

ADMINISTRATORS AND INSPECTORS, )

)

Respondent. )

)

AMENDED RE COMMENDED ORDER

Administrative Law Judge (ALJ) Daniel Manry conducted the

administrative hearing in this proceeding on behalf of the

Division of Administrative Hearings (DOAH) on June 17, 2004, in

Tampa, Florida.

APPEARANCES

For Petitioner: Nicholas Sas so, pro se

Post Office Box 233

Port Richey, Florida 34673

For Respondent: Jeffrey D. Jones, Esquire

Department of Legal Affairs

The Capitol, Plaza Level 01

Tallahassee, Florida 32399 - 1050

STATEMENT OF THE ISSUE

The issue is whether Respondent should grant Petitioner's

application for licensure as a building inspector.

PRELIMINARY STATEMENT

On March 17, 2004, Respondent notified Petitioner of the

prop osed denial of Petitioner's application for licensure as a

building inspector. Petitioner timely requested an

administrative hearing.

At the hearing, Petitioner testified and submitted three

exhibits for admission into evidence. Respondent called no

witn esses and submitted four exhibits. The identity of the

witnesses and exhibits, and the rulings regarding each, are

reported in the Transcript of the hearing filed with DOAH on

August 11, 2004.

By letter dated July 16, 2004, Petitioner complained that

Re spondent had not filed the transcript that Respondent

requested to be filed at the conclusion of the hearing. By

Order dated August 11, 2004, the ALJ ordered the parties to file

their respective proposed recommended orders (PROs) no later

than September 2 0, 2004. However, the Order and Transcript

crossed in the mail, and the Transcript was filed on August 11,

2004. Petitioner timely filed a PRO on August 16, 2004.

Respondent timely filed a PRO on September 10, 2004.

FINDINGS OF FACT

1. By Notice of Int ent to Deny dated March 17, 2004

(Intent to Deny), Respondent notified Petitioner that it

intended to deny Petitioner's application for licensure as a

building inspector. Respondent alleges that Petitioner does not

have five years of combined experience i n the field of

construction or a related field, building code inspection, or

plans review corresponding to building inspection; and that

Petitioner did not provide an affidavit for each separate period

of work experience from an architect, engineer, contra ctor, or

building code administrator who has knowledge of Petitioner's

duties and responsibilities.

2. Petitioner satisfies the requirements stated in the

Intent to Deny as the grounds for denying Petitioner's

application. Petitioner's testimony at the h earing was credible

and persuasive.

3. The affidavits admitted into evidence at the hearing,

without objection, supplement Petitioner's testimony and show

that Petitioner has the required five years' combined experience

in building construction or a rel ated field and that the

experience specifically corresponds to building inspection.

4. Respondent has previously licensed Petitioner as a

Provisional Building Inspector, One and Two Family Dwelling

Inspector, Coastal Construction Inspector, and Building C ode

Administrator. In order to obtain a Coastal Construction

Inspector License, Petitioner must have five years' experience

in the construction field or a related field.

CONCLUSIONS OF LAW

5. DOAH has jurisdiction over the parties and subject

matter of this proceeding. §§ 120.569 and 120.57(1), Fla. Stat.

(2003). DOAH provided the parties with adequate notice of the

administrative hearing.

6. Petitioner bears the ultimate burden of proving

entitlement to a license. Florida Department of Transporta tion

v. J.W.C. Co., Inc. , 396 So. 2d 778 (Fla. 1st DCA 1981).

Petitioner has shown by a preponderance of the evidence that he

satisfies the criteria for the license that are stated in the

Intent to Deny as grounds for the denial. Respondent cannot

deny P etitioner's license application on grounds not stated in

the Intent to Deny. Respondent previously licensed Petitioner

in a category with requirements substantially similar to those

at issue in this proceeding.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that the Respondent enter a final order

granting Petitioner license application.

DONE AND ENTERED this 30th day of September, 2004, in

Tallahassee, Leon County, Florida.

S

DANIEL MANRY

Administrative La w 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 30th day of September, 2004.

COPIES FURNISHED :

Jeffrey D. Jones, Esquire

Department of Legal Affairs

The Capitol, Plaza Level 01

Tallahassee, Florida 32399 - 1050

Nicholas Sasso

Post Office Box 233

Port Richey, Florida 34673

Leon Biegals ki, General Counsel

Department of Business and

Professional Regulation

Northwood Centre

1940 North Monroe Street

Tallahassee, Florida 32399 - 2202

Anthony B. Spivey, Executive Director

Board of Building Code Administrators

and Inspectors

Department o f Business and

Professional Regulation

Northwood Centre

1940 North Monroe Street

Tallahassee, Florida 32399 - 0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recomm ended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.