08-003493SED Amalia Kane-Crawford vs. Department Of Children And Family Services Status: Closed Recommended Order on Monday, October 6, 2008.

Summary: Petitioner failed to appear and therefore did not met her burden to show her position was wrongly reclassified.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMELIA KANE-CRAWFORD, )

)

Petitioner, )

)

vs. ) Case No. 08-3493SED

)

DEPARTMENT OF CHILDREN )

AND FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

On September 30, 2008, a duly-noticed hearing was held in

Tallahassee, Florida, with Lisa Shearer Nelson, Administrative

Law Judge, presiding.

APPEARANCES

For Petitioner: No appearance

For Respondent: Juan Collins, Esquire

Department of Children and

Family Services

1317 Winewood Boulevard

Building Two, Room 204

Tallahassee, Florida 32399-0700

STATEMENT OF THE ISSUE

Whether the classification of Petitioner's position from

career service to selected exempt service was appropriate.

PRELIMINARY STATEMENT

Because of the procedural nature of the findings in this case, the statements normally contained in the Preliminary

Statement are reflected in the Findings of Fact below.

FINDINGS OF FACT

1. On July 22, 2003, Petitioner received notice from the

Department of Children and Family Services (DFCS or the

Department) of a clear point of entry to challenge the

reclassification of her position from career service to select

exempt service. Petitioner filed a request for hearing on

August 19, 2003, which apparently lay unaddressed for some time.

2. On March 6, 2008, the Department issued an Order on

Status, advising Petitioner that her request for hearing filed

August 19, 2003, did not comply with Section 120.569(2)(c),

Florida Statutes, or Florida Administrative Code Rule 28-

106.201(2). The Order directed Petitioner to file an amended

request for hearing within 30 days or the case would be

dismissed.

3. On May 6, 2008, the Department entered a Final Order

Closing File, indicating no response had been received to its

Order on Status. On May 29, 2008, Petitioner wrote to the

Department indicating that the Final Order Closing File was the

first correspondence she had received from the Department, and

that the documents had been sent to a wrong address,

notwithstanding that the Department had been supplied the correct

address.

4. On July 18, 2008, the matter was referred to the

Division of Administrative Hearings and an Initial Order was

issued. No timely response was received to the Initial Order

from either party, and the matter was duly noticed for hearing

for September 30, 2008.

5. On September 30, 2008, the hearing commenced as

scheduled at 9:30 a.m. Respondent was present and ready to

proceed. Petitioner was not present. The Division had, the day

before, received a telephone call from Petitioner indicating that

she might not appear, and she was advised of the need to either

withdraw her request for hearing or request a continuance.

6. The undersigned recessed the hearing to give Petitioner

every opportunity to arrive. In addition, the undersigned

questioned her assistant and checked the official docket of the

Division of Administrative Hearings to determine if any document

had been filed on the docket of the Division or any telephone

call was received indicating Petitioner was delayed. No such

communication had been received.

7. Counsel for Respondent represented that he had not heard

from the Petitioner in the days leading up to the hearing. In

light of Petitioner's failure to appear, the hearing was

adjourned at 10:03 a.m.

CONCLUSIONS OF LAW

8. The Division of Administrative Hearings has jurisdiction

over the subject matter and the parties to this action in

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

(2008).

9. Petitioner has the burden of demonstrating that her

position with the Department was reclassified in error. Antel v.

Department of Professional Regulation , 522 So. 2d 1056 (Fla. 5th

DCA 1988); Florida Department of Transportation v. J.W.C. Co. ,

396 So. 2d 778 (Fla. 1st DCA 1981); Balino v. Department of

Health & Rehabilitative Services , 348 So. 2d 349 (Fla. 1st DCA

1977).

10. In light of Petitioner's failure to appear, she has

failed to meet her burden in this proceeding.

RECOMMENDATION

Upon consideration of the facts found and conclusions of law

reached, it is

RECOMMENDED:

That a final order be entered dismissing Petitioner's

request for hearing.

DONE AND ENTERED this 6th day of October, 2008, in

Tallahassee, Leon County, Florida.

S

LISA SHEARER NELSON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 6th day of October, 2008.

COPIES FURNISHED:

Amelia E. Kane-Crawford

144 Durance Drive

Flintstone, Georgia 30725

Juan Collins, Esquire

Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

Gregory Venz, Agency Clerk

Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204B

Tallahassee, Florida 32399-0700

John J. Copelan, General Counsel

Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

George Sheldon, Interim Secretary

Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 202

Tallahassee, Florida 32399-0700

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 agency that will

issue the final order in this case.