08-001518 Elleton R. Collins vs. Department Of Business And Professional Regulation
 Status: Closed
Recommended Order on Wednesday, July 30, 2008.


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Summary: Petitioner did not appear at hearing and therefore did not meet his burden of establishing a prima facie case of discrimination.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8ELLETON R. COLLINS, )

12)

13Petitioner, )

15)

16vs. ) Case No. 08-1518

21)

22DEPARTMENT OF BUSINESS AND )

27PROFESSIONAL REGULATION, )

30)

31Respondent. )

33)

34RECOMMENDED ORDER OF DISMISSAL

38On July 24, 2008, a hearing was held in Tallahassee,

48Florida, pursuant to the authority set forth in Sections 120.569

58and 120.57(1), Florida Statutes (2007). The case was considered

67by Lisa Shearer Nelson, Administrative Law Judge.

74APPEARANCES

75For Petitioner: No appearance

79For Respondent: J. Yvette Pressley, Esquire

85Department of Business and

89Professional Regulation

911940 North Monroe Street

95Tallahassee, Florida 32399-2201

98STATEMENT OF THE ISSUE

102Whether Respondent has committed an unlawful employment practice in violation of Chapter 760, Florida Statutes, and if

119so, what remedy should be ordered?

125PRELIMINARY STATEMENT

127Because of the procedural nature of the findings in this

137case, the statements normally contained in the Preliminary

145Statement are reflected in the Findings of Fact below.

154FINDINGS OF FACT

1571. This case came before the Division of Administrative

166Hearings based upon the filing of a complaint alleging employment

176discrimination filed with the Florida Commission on Human

184Relations (The Commission). The Commission transmitted the

191complaint on March 27, 2008, for the assignment of an

201administrative law judge.

2042. The case was originally assigned to Administrative Law

213Judge Diane Cleavinger, and the matter was set for hearing to be

225held June 3, 2008. On May 21, 2008, Respondent filed a Motion to

238Continue based upon the unavailability of a key witness. The

248motion alleged that Petitioner had been contacted, but "prefers

257to state whether he has any objection to this motion in writing."

2693. On May 28, 2008, Judge Cleavinger granted the Motion to

280Continue and rescheduled the hearing for July 24, 2008. On

290June 3, 2008, Petitioner wrote a letter requesting to be heard on

302the request for continuance. Because his correspondence did not

311indicate that counsel for Respondent had been served, a Notice of

322Ex Parte Communication was filed. On June 12, 2008, a pre-

333hearing conference was conducted by telephone, and on July 14,

3432008, Petitioner filed a Request for Recusal, which was granted

353July 16, 2008.

3564. The case was reassigned to the undersigned and on

366July 24, 2008, the case proceeded to hearing as previously

376scheduled. At the outset of the hearing, counsel for the

386Department made an appearance. However, Petitioner was not

394present in the hearing room.

3995. At the request of the administrative law judge, a

409representative for the Department checked the Division lobby to

418see whether Petitioner was present. A recess was taken to afford

429Petitioner an opportunity to appear.

4346. During the recess, the clerk's office was consulted to

444confirm that staff had received no contact from Petitioner

453indicating he was on his way to the hearing.

4627. After a twenty-five minute recess, the hearing was

471reconvened. Petitioner did not appear.

476CONCLUSIONS OF LAW

4798. The Division of Administrative Hearings has jurisdiction

487over the subject matter and the parties to this action in

498accordance with Sections 120.569 and 120.57(1), Florida Statutes

506(2007).

5079. Petitioner has the burden of demonstrating that he was

517the subject of an unlawful act of employment discrimination.

526Antel v. Department of Professional Regulation , 522 So. 2d 1056

536(Fla. 5th DCA 1988); Florida Department of Transportation v.

545J.W.C. Co. , 396 So. 2d 778 (Fla. 1st DCA 1981); Balino v.

557Department of Health & Rehabilitative Services , 348 So. 2d 349

567(Fla. 1st DCA 1977).

57110. In light of Petitioner's failure to appear, he has

581failed to meet his burden in this proceeding.

589RECOMMENDATION

590Upon consideration of the facts found and conclusions of law

600reached, it is

603RECOMMENDED:

604That a final order be entered dismissing Petitioner's

612complaint of unlawful discrimination.

616DONE AND ENTERED this 30th day of July, 2008, in

626Tallahassee, Leon County, Florida.

630S

631LISA SHEARER NELSON

634Administrative Law Judge

637Division of Administrative Hearings

641The DeSoto Building

6441230 Apalachee Parkway

647Tallahassee, Florida 32399-3060

650(850) 488-9675 SUNCOM 278-9675

654Fax Filing (850) 921-6847

658www.doah.state.fl.us

659Filed with the Clerk of the

665Division of Administrative Hearings

669this 30th day of July, 2008.

675COPIES FURNISHED :

678J. Yvette Pressley, Esquire

682Department of Business and

686Professional Regulation

6881940 North Monroe Street

692Tallahassee, Florida 32399-2202

695Elleton R. Collins, Jr.

6994768 Woodville Highway, No. 412

704Tallahassee, Florida 32305

707Denise Crawford, Agency Clerk

711Florida Commission on Human Relations

7162009 Apalachee Parkway, Suite 100

721Tallahassee, Florida 32301

724Cecil Howard, General Counsel

728Florida Commission on Human Relations

7332009 Apalachee Parkway, Suite 100

738Tallahassee, Florida 32301

741NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

747All parties have the right to submit written exceptions within

75715 days from the date of this recommended order. Any exceptions to

769this recommended order should be filed with the agency that will

780issue the final order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/10/2008
Proceedings: Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 10/09/2008
Proceedings: Agency Final Order
PDF:
Date: 08/14/2008
Proceedings: Motion to Reconsider filed.
PDF:
Date: 07/30/2008
Proceedings: Recommended Order
PDF:
Date: 07/30/2008
Proceedings: Recommended Order of Dismissal (hearing held July 24, 2008). CASE CLOSED.
Date: 07/24/2008
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 07/16/2008
Proceedings: Order Granting Request for Recusal of Judge in Case No. 08-1518.
PDF:
Date: 07/14/2008
Proceedings: Request for Recusal of Judge in Case No. 08-1518 filed.
Date: 06/12/2008
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 06/09/2008
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 06/03/2008
Proceedings: Letter to Judge Cleavinger from E. Collins requesting telephone hearing to address continuance filed.
PDF:
Date: 06/02/2008
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 05/28/2008
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for July 24, 2008; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 05/21/2008
Proceedings: Respondent`s Motion to Continue filed.
PDF:
Date: 05/02/2008
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 04/30/2008
Proceedings: Notice of Hearing (hearing set for June 3, 2008; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 04/25/2008
Proceedings: Response to Initial Order filed.
PDF:
Date: 03/27/2008
Proceedings: Employment Complaint of Discrimination fled.
PDF:
Date: 03/27/2008
Proceedings: Notice of Dismissal filed.
PDF:
Date: 03/27/2008
Proceedings: Amended Notice of Determination: No Cause filed.
PDF:
Date: 03/27/2008
Proceedings: Amended Determination: No Cause filed.
PDF:
Date: 03/27/2008
Proceedings: Rescission of Notice of Dismissal; Determination-No Cause and Notice of Determination-No Cause filed.
PDF:
Date: 03/27/2008
Proceedings: Petition for Relief filed.
PDF:
Date: 03/27/2008
Proceedings: Transmittal of Petition filed by the Agency.
PDF:
Date: 03/27/2008
Proceedings: Initial Order.

Case Information

Judge:
LISA SHEARER NELSON
Date Filed:
03/27/2008
Date Assignment:
07/21/2008
Last Docket Entry:
10/10/2008
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

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Related Florida Statute(s) (2):