06-003673 Jocelyn Mathis vs. Department Of Law Enforcement, Criminal Justice Standards And Training Commission Status: Closed Recommended Order on Thursday, March 1, 2007.

Summary: Petitioner, who contested her grade on the State Officer`s Examination, failed to appear at the hearing, which was dismissed for lack of prosecution. Petitioner had the burden of proof.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOCELYN MATHIS , )

)

Petitioner, )

)

vs. ) Case No. 06 - 3673

)

DEPARTMENT OF LAW ENFORCEMENT, )

CRIMINAL JUSTICE STANDARDS AND )

TRAINING COMMISSION , )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

This cause came on to be heard before P. Michael Ruff,

duly - designated Administrative Law Judge on January 29, 2007, in

Tallahassee, Florida. The appearances were as follows:

APPEARANCES

Petitione r: No Appearance

Respondent: Grace A. Jaye, Esquire

Department of Law Enforcement

Post Office Box 1489

Tallahassee, Florida 32302 - 1489

STATEMENT OF THE ISSUE

The issue in this proceeding concerns a dispute as to

whether the Petitione r successfully passed the State Officers

Certification Examination , and specifically , a dispute involving

the wording of certain examination questions.

PRELIMINARY STATEMENT

This cause arose upon notification to the Respondent Agency

by the Petitione r , on August 31, 2006, that she was contesting a

number of questions and the scoring on the Certified Corrections

Officer State Examination. On August 14, 2006, the Petitioner

had been notified by the Agency that her challenges or concerns

regarding the S tate Officer Certification Examination had been

reviewed and that no changes in credit or the overall results of

her examination would be effected. The Petitioner consequently

requested a hearing to contest that Agency initial decision.

The case was, in d ue course transmitted to the Division of

Administrative Hearings and the undersigned for proceeding.

Th e case came on for hearing as noticed on January 29,

2007. Upon convening the hearing the Petitioner failed to make

an appearance. The Petitioner has t he burden of proof on the

issues raised and referenced above. The Respondent entered its

appearance in the person of Ms. Grace Jaye, Esquire, attorney

for the Respondent. The Respondent was prepared with its

evidence and witnesses to conduct the hearing.

Upon waiting in excess of 40 minutes for the Petitioner to

appear , and receiving comment on the record from persons in the

hearing room , from the Respondent Agency , who had made a search

for the Petitioner in the DeSoto Building ( the hearing site ),

and in the immediate proximity of that building, it was apparent

that the Petitioner was not present. Consequently, after

waiting this extended period of time with no appearance by the

Petitioner, and inasmuch as the Petition er was served with

notice at her l ast - known address of record, Post Office Box

1753, Lynn Haven, Florida 32444, it was determined that her case

and burden of proof fail ed for lack of prosecution and the

hearing was adjourned.

CONCLUSIONS OF LAW

1. The Division of Administrative Heari ngs has

jurisdiction of the subject matter of and the parties to this

proceeding. § § 120.569 and 120.57(1), Fla. Stat. (2006).

2. The Petitioner contesting her score on the above -

referenced examination bears the burden of proving that the

credit al lowed and the scoring or scoring method for the grading

on the examination , and the contested portions of the

examination , was erroneous . The Petitioner , did not, however ,

appear in this proceeding and thus presented no evidence in

support of her position in this controversy. T he Petitioner was

served with notice at the last - known address of record . Because

she did not appear and because there has been no communication

from the Petitioner to indicate that any difficulty in attending

the noticed hearing h ad arisen, it must be concluded that the

Petitioner's case and burden of proof fails for lack of

prosecution. Consequently, it is determined that this case

should be dismissed for lack of prosecution and for lack of

evidence to support the Petitioner's Pe tition and her

contentions regarding the scoring of her examination.

RECOMMENDATION

Having considered the foregoing Findings of Fact and

Conclusions of Law, it is

RECOMMENDED: That a final order be entered by the Florida

Department of Law Enforcement, Cri minal Justice Standards and

Training Commission, dismissing the Petition filed herein in its

entirety for lack of prosecution and lack of evidence in support

thereof.

DONE AND ENTERED this 1st day of March , 200 7 , in

Tallahassee, Leon County, Florida.

S

P. MICHAEL RUFF

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.st ate.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1st day of March , 200 7 .

COPIES FURNISHED :

Grace A. Jaye, Esquire

Department of Law Enforcement

Post Office Box 1489

Tallahassee, Florida 32302 - 1489

Michael Ramage, Gene ral Counsel

Florida Department of Law Enforcement

Post Office Box 1489

Tallahassee, Florida 32302 - 1489

Gerald Bailey, Commissioner

Florida Department of Law Enforcement

Post Office Box 1489

Tallahassee, Florida 32302 - 1489

Jocelyn Mathis

Post Office Box 1753

Lynn Haven, Florida 32444

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the age ncy that

will issue the Final Order in this case.