17-000616 Anibal Stephenson vs. Department Of Children And Families Status: Closed Recommended Order on Thursday, May 11, 2017.

Summary: Petitioner's application for waiver from educational requirements of rule 65C-14.023 should be granted based upon his 17 years of exemplary work and leadership in social work and child welfare. Petitioner demonstrated a hardship if waiver not granted.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANIBAL STEPHENSON,

Petitioner,

vs. Case No. 17 - 0616

DEPARTMENT OF CHILDREN AND

FAMILIES,

Respondent.

_______________________________/

RECOMMENDED ORDER

Pursuant to notice, a for mal administrative hearing was

conducted before Administrative Law Judge Mary Li Creasy by video

teleconference with locations in Miami and Tallahassee, Florida,

on March 3 1 , 2017.

APPEARANCES

For Petitioner: Lucia C. Pineiro, Esquire

Luc ia C. Pineiro & Associates, P.A.

Suite 221

717 Ponce De Leon Boulevard

Coral Gables, Florida 33134

For Respondent: Carlos Alberto Garcia, Esquire

Department of Children and Families

Suite N - 1014

401 Northwest Second Avenue

Miami, Florida 33128

STATEMENT OF THE ISSUE

Whether Petitioner, a Program Director of a residential

child - caring agency, is entitled to a waiver of the educational

requirements of Florida Administrative Code R ule 65C -

14.023(15)(b), pursuant to section 120.542, Florida Statu t es.

PRELIMINARY STATEMENT

On August 22, 2016, Petitioner , Anibal Stephenson, filed a

Petition for Waiver of Rule 65C - 14.023(15)(b). On November 22,

2016, the Depa rtment of Children and Families ( DCF ) issued an

Ord er on Petition for Waiver deny ing P etitionerÓs request for

waiver . Petitioner timely requested a formal administrative

hearing , which was referred to the Division of Administrative

Heari ngs (DOAH) on January 26 , 2017.

T he final hearing was held as scheduled on March 31, 2017 .

P etitioner testified on his own behalf and called th ree

witnesses: Silvia Torres, Executive Director of His House

ChildrenÓs Home ( His House ) ; Elizabeth Ano n, Es q uire , Counsel for

His House ; and Dr. Jesus Perez, Clinical P sychologist .

Petitioner 's E xhibits 1 through 86 were admitted into evidence

without objection .

Respondent presented the testimony of three (3) witnesses :

Sonia De Escobar, D CF Family Safety Pr ogram Manager ; Adriana

Clavijo, DCF Family Services Specialist ; and Xiomara Turner, DCF

State Foster Care Licensing Specialist. Respondent 's Exh ibits 1

through 5 were admitted into evidence.

Neither party ordered a transcript of the hearing , and

consequen tly , this Recommended Order was prepared without the

benefit of the same. Both parties timely filed proposed

recommended orders , which have been considered in the drafting of

this Recommended O rder.

Unless otherwise indicated, citations to the Florida

Sta tutes or rules of the Florida Administrative Code refer to the

versions in effect at th e time the decision is made on

Petit i oner's application for waiver . 1/

FINDING S OF FACT

The Parties

1. Petitioner has worked continuously a t His House, a

non - profit chi ld - caring agency , since 2000. Since July 2013,

Petitioner has served as the Program Director of the

Unaccompanied Children (UC) P rogram, established through a grant

to His House from the federal government , which temporarily

shelters and places foreign ch ildren who enter the United States

without an adult caregiver .

2. In his role as Program Director, five His House

supervisors report to Petitioner . These include the superv is ors

of the clinical staff, case manager s , residential services,

administration, and medical services. The UC P rogram currently

employs a staff of 175, has 120 beds available , and a n annual

budget of $12 million .

3. Rule 65C - 14.023(15)(b) requires that program directors

or staff serving a similar function, who are responsible for

su pervising, evaluating , and monitoring the delive ry of services

within the child - caring agency and for oversee ing supervisors of

direct care staff , shall have a masterÓs degree in social work or

in a related ar ea in section 402.402(1)(b), Florida Statutes , of

study from an accredited college or university and at least two

(2) years o f experience in social services or a bachelorÓs degree

from a college or university and four (4) years of experience

working with children.

4. During a random personnel file che ck as part of a

routine DCF re licensing audit of His House in March and

April 2016 , conducted by Adriana Clavijo, DCF Family Services

Specialist , it was discovered that Petit i oner's highest level of

education completed is high school. Petitioner does not hold a

bachelor's or master's degree. Ms. Clavijo advised Petitioner

how to comply with the DCF rule and told His House and Petitioner

to seek a waiver of the educational requirements.

5. Ms. Clavijo first met Petitioner in 2009 when doing

relicensing for His House. She performed inspections at His

House for approximately three years , and Petitioner responded to

her requests for information and aided her licensing

investigations.

6. When Ms. Clavijo discovered Petitioner did not have the

requisite deg ree, she had no concern regarding his ability to do

the job of UC Program Director. She was aware Pet iti oner filed a

waiver request in August 2016 , and His House informed her of its

compliance efforts on Petitioner's behalf.

Petitioner's Experience in Soc ial Work and Child Welfare

7. Petitioner began working for His House in 2000 as a Case

Manager/ Partial Shelter Case Worker , a posit i on for which no

degree was required. At the outset of his employment with His

House, Petit i oner successfully complete d the P rofes sional

Development Center training, a six - week , full - time course of

professional development training at Flor ida International

Uni versity . This course is given locally , primarily to teach

case managers how to work in the dependency system with children

who have been abused , neglected, or abandoned.

8. During Petitioner's role as a Case Manager/Partial

Shelter Case Worker from 2000 through 2005, His House provided

two cottages with 12 shelter beds. Petit i oner's role included:

link ing the children to medical and any other services they

needed ; enroll ing them in school ; participat ing in their court

hearings ; advocat ing on behalf of the children ; facilitat ing

supervised visits with parents ; gather ing pertinent information

regarding the child ren ' s removal from home ; assessing and

advising the courts of the children's needs; and coordinating

t ransportation of the children to their appointments for

services. During this time, Pe t it i oner handled approximately 200

cases.

9. During 2001 thro ugh 2003, Petitioner and his wife became

co - house parents of one of the cottages. They prov id ed daily

shelter and care for over 100 children. When they decided to

move off - campus, P etitioner and his wife became licensed foster

parents so that they did no t have to leave a sibling group of

four children behind.

10. In approximately 2005, Florida's foster care system was

privatized and Petitioner was selected by His House in - house

cou n sel , Elizabeth Anon, Esquire , to serve as Intake Coordinator

and Inc ident Report Lia i son . Petitioner served in this dual role

from June 2005 until July 2013 and handled the cases of over 500

children.

11. As the Intake Coordinator, Petitioner was required to

be on call 24/7 and worked with Our Kids of Miami - Monroe County

(Our Kids) 2/ and DCF protective investigators to find appropriate

placement for children who had been removed from their

parents/custodians. His job duties a nd responsibilities as the

Intake Coor dinator included daily interface representatives from

Our Kids and DCF, i nform ation gathering of the children, linking

services , finding an appropriate placement within three hours of

the childÓs removal from home , attending all shelter court

hearings , attending case staffings , and participating in the

assig nment of the His House case manager s . Petitioner was

responsible for the first 30 days after a child came into foster

care. He handled well over 500 cases in this role , and child ren

never got hurt while Petitioner was supervising their care.

12. Pe titioner's duties and responsibilities as an Incident

Report Liaison included preparing and transmitting incident

reports to Our Kids , following up on the nature of the incident ,

and coordination of a ny post - incident action that was required to

ensure the saf ety and well - being of the children .

13. In 2008, His House was awarded a contract with the

federal government to run a UC P rogram for children arriving from

Cuba and Haiti. Petitioner assumed the additional

responsibilities of UC Program Coordi nator and was tasked with

being the lead employee ha ndling the contract for the UC P rogram.

The program began in 2008 as one cottage with eight beds and a

$ 1 million budget. Under Petitioner's supervision and guidance,

the program grew to 166 beds and a $ 12 million budget by 2015.

14. D ue to his existing relationship with the federal

government, a fter the Haitian earthquake in 2010 , Petitioner

approached the federal government regarding His House' s capacity

to assist in the receipt, relocation , and reunification of

orphans. As a result of Petitioner Ós management with the UC

Program goals and his demonstrated job performance, the federal

government designated His House as the f acility to receive

orphans arriving to the United States dir ectly from Ha iti.

15. Petitioner Ós team was responsible for transporting

orphans from the airport to His House . The se military flights

arrived around the clock. Petitioner's team was available 24/7

to pick up the children who were arriving at His House , ensur in g

that the children 's basic needs were immediately met. All of the

children submitted to medical examination s upon arrival .

Petitioner Ós team worked in collaboration with the federal

government representative to ensure pre - adoptive families were on

campu s within 24 to 48 hours of arrival of the children to His

House and that the orphans were transitioned to their new homes

within 30 days . His House assisted over 500 orphans as a direct

result of the earthquake.

16. In 2013, due to the rapid expans ion and success of the

UC P rogram, Petitioner was promoted to the posit i on of UC P rogram

Director. Petitioner's duties remained basically the same with

the addition of an increased level of responsibility in

supervising more employees, being respon sible f or the UC P rogram

budget, and having to participa te in weekly meetings with the

E xecutive D irector, His House program directors , and with the

directorsÓ team members. Additionally, Petitioner was designated

as the person to have communication with the fed eral government

representatives. Petitioner is now their primary contact at His

House .

Petitioner's Training, Evaluations , and Reputation

17. Throughout his tenure with His House, Petitioner has

e ngaged in continuing education i n the field of social work and

child welfare , participating in at least 30 hours of in - service

training a year in these areas. Although Petitioner does not

have the required degree, he posse s s es over 16 years of varied

experience in the area of social service s , foster care, a nd

almost four consecutive years in management . Petitioner's yearly

job appraisals were consistently excellent.

18. Petitioner maintains a stellar reputation in his field.

It is undisputed that he is considered the consummate

professional who is kn owledgeable, organized, efficient, a nd a

dedicated , beloved, and proven leader with talent and compassion

for the welfare of children who are abused, neglected, or

abandoned.

19. According to the His House Executive Director, Silvia

Torres , who super vised Petitioner since her hiring in 2014 ,

Petitioner was directly responsible for increasing the bed

capacity of His House. Petitioner has an outstanding reputation

and relationship with the federal government to the extent that

Ms. Torres rarely interac ts with it regarding the UC Program.

Even when Ms. Torres attends meetings regarding the UC Program,

Petitioner leads due to his unparalleled knowledge of the

frequently changing applicable federal rules and the program.

Ms. Torres characterized Petition er's team as "high achievers"

due to Petitioner's leadership. Petit ioner not only emb r a ce d

Ms. Torres Ó recommendations , but he created his own tracking

processes to hold staff accountable and put performance measures

in place .

20. Since 2014, His House's UC P rogram has met all

measurable outcomes in the contract with the federal government.

The main criterion is to reunify 25 percent of the children in

the program every week. His House met and continues to exceed

these goals under Petitioner's d irection. From 2008 through

2016, under Petitioner's guidance, the UC Program has assisted

approximately 3 , 000 children.

21. In order to do this, Petit i oner ensure s that all

departments work together in a timely fashion. Petitioner is

known for his s aying, "all hands on deck," mean ing that the staff

must do everything for the best interests of the children.

According to Ms. Torres, Petitioner leads by example and has

inculcated his staff with the culture that the number one goal is

to e nsure the ch ildren are safe and quickly reunified with

family.

22. Ms. An o n, the in - house counsel who supervised

Petitioner from 2004 until 2013 , considered Petitioner her "right

hand person." During the time they worked together, Ms. Anon

described Petitioner' s performance as " outstanding, " that he had

exceptional follow through , and exemp lary managerial skills.

Ms. An on frequently relied upon P etitioner to represent the

interests of His House and the children it served in court.

23. Dr. Jesus Perez, a clinical psychologist , has known and

worked with Petit i oner since they were both employed as partial

Case M anagers at His House in 2000. Dr. Perez left His House in

2001 to pursue two ma s ter's degrees and his doctorate , but

returned as a psychology intern in 2006 and has provided services

as a clinical psychologist for His House clients since 2009.

Dr. Perez describes Petitioner as an excellent professional

" whose work ethics are beyond compare. " According to Dr. Per ez,

Petitioner is a fast learner , who analyzes things well and

provides good feedback and assessment regarding the best

interests of the children and families served.

24. Dr. Perez teaches courses as an adjunct professor at

graduate school. Dr. Perez believes Petitioner's experience of

17 years in social work and child welfare is more valuable than a

formal education . Petitioner 's knowledge regarding the

dependency system and working with a vulnerable population is

something that most students do not have. Further, according to

Dr. Pe rez, Petitioner possesses qualities an education does not

provide Î - ethics, collaboration , and leadership.

25 . Even two of DCF's witnesses readily acknowledged

Petitioner's unique combination of knowledge and experience.

Sonia De Escobar, DCF Family Safety Program Manager , who

supervises licensing, public assurance , and protective

investigations, has known Petitioner throughout his tenure at His

House , and she placed childre n in his care while he was a ho u s e

parent. Ms. De Escobar described Petitione r as easy to work with

and an "educated professional." Similarly, Ms. Clavijo found

Petitioner " knowledgeable in the area s of child welfare, crisis

management, and child safety. "

26 . Petitioner's expertise and accomplishments in the

fields of social work and child welfare have been recognized by

other professionals outside of His House. For example, in 2004,

Petitioner received a commendation from Miami - Dade Juvenile Court

Judge Cindy Lederman for his work. Petit i oner received an

Outstanding Servic e Award from Our Kids in 2007 for "service

above and beyond with dedication, compassion, and perseverance ."

From 201 1 to the present, His House received numerous

commendations from the federal government for the work of

Petitioner and his UC P rogram team for the reunification process,

handling transfers from Homestead, taking on challenging cases,

and an overall than k you for a job well done. Further,

Petitioner's UC Program is used by the federal government as a

training example for similar programs acro ss the country.

Hardship to Petitioner and His House If a Waiver I s Not Granted

27 . Petitioner earns $80,000.00 at His House and is the

sole source of income for his family. He financially supports

his wife , who stays at home to take care of her mo ther , his

mother - in - law, and his adult son who recently returned from a

military deployment in Afghanistan and is attending firefighter's

school.

28 . If Petitioner is not granted a waiver from the

educational requirement, he will lose his job at His House , which

will impose a severe financial hardship on his family. It is

highly unlikely Petitioner can find comparabl e employme nt with

any other child - caring agency without an advanced degree.

Failure to secure a waiver would force P etitioner to leave the

profession he loves and to which he has dedicated his life over

the last 17 years.

29 . Denial of Petitioner's waiver request will also create

a significant hardship to His House, its employees , and the

children they serve. Ms. Torres estimated i t would take her at

least six months to identify a qualified candidate and fill the

UC Program Director position . There would be a challenging and

steep learning curve for any replacement . The UC P rogram is

funded by a grant , and , therefor e, many are rel uctant to become

involved with such a program. If Petit i oner is forced to leave

his job at His House, it will drastically affect morale and the

ability to meet the daily and weekly reunification goals. As

described by Ms. Anon, replacing Petitioner would be like "trying

to change the wheels of a car while the car is still moving."

DCF's Basis for D enial

30 . Xiomara Turner, a DCF Statewide Licensing Specialist ,

who has been in this role for less than two years, is the

individual who reviewed Petit ion er's waiver petition, supporting

materials , and who recommended denial of the waiver. According

to Ms. Turner, she has never granted a waiver of this rule. If

the person does not have the education, she will not grant the

waiver.

3 1 . Ms. Turner sta ted that there was no combination of

years of experience, knowledge, productivity , or performance by

Petitioner that would have resulted in granting him a waiver.

"The Department's stance is that years of experience are not to

be a substitute for educatio n," said Ms. Turner. 3/

3 2 . Ms. Turner is aware that section 120.542(2) allows a

waiver when the purpose of the underlying statu t e is achieved by

other means. However , Ms. Turner stated that the hardship must

be created by DCF , and it must be more on erous for the Petitioner

than for anyone else . In this case, she did not see a hardship

created by DCF and believed it no more unfair for Petitioner than

anyone else to abide by the educational requirement for a program

director level positon.

33 . M s. Turne r testified that despite Petitioner's

exceptional experience in every aspect of the child welfare

system over the last 17 years, she recommended denial because of

the "Dep artment's current p osition that they will deny a w a i ver,

regardless of experi ence , if there is a lack of a diploma . " N o

evide nce was presented to show that P etit i oner's experience,

education , and training was not adequate to demonstrate

competence as a supervisor or in ensuring the health, safety , and

welfare of the children in hi s care.

CONCLUSIONS OF LAW

34 . DOAH has jurisdiction over the parties and the subject

matter of this proceeding pursuant to sections 120.569,

120.57(1), and 120.542(8), Florida Statutes.

3 5 . Section 120.542, states in pertinent part as follows :

(1) Strict application of uniformly

applicable rule requirements can lead to

unreasonable, unfair, and unintended results

in particular instances. The Legislature

finds that it is appropriate in such cases to

adopt a procedure for agenc ies to provide

relief to persons subject to regulation.

* * *

(2) Variances and waivers shall be granted

when the person subject to the rule

demonstrates that the purpose of the

underlying statute will be or has been

achieved by other mean s by the person and

when application of a rule would create a

substantial hardship or would violate

principles of fairness. For purposes of this

section, "substantial hardship" means a

demonstrated economic, technological, legal,

or other type of hardship to the person

requesting the variance or waiver. For

purposes of this section, "principles of

fairness" are violated when the literal

application of a rule affects a particular

person in a manner significantly different

from the way it affects other simi larly

situated persons who are subject to the rule.

* * *

(5) A person who is subject to regulation by

an agency rule may file a petition with that

agency, . . . requesting a variance or waiver

from the agency's rule.

* * *

(8) An agency shall grant or deny a petition

for variance or waiver within 90 days after

receipt of the original petition . . . . The

agency's decision to grant or deny the

petition shall be supported by competent

substantial evidence and is subject to

ss. 120.569 and 120.57. Any proceeding

pursuant to ss. 120.569 and 120.57 in regard

to a variance or waiver shall be limited to

the agency action on the request for the

variance or waiver, except that a proceeding

in regard to a variance or waiver may be

consolidated with any other proceeding

authorized by this chapter.

3 6 . Section 409.175 governs the licensure of family foster

homes, residential c hild - caring agencies, and child - placing

agencies. Section 409.175(1) states that the purpose of the

statute is to provide licensing requirements to "protect the

health, safety, and well - being of all children in the state who

are cared for by family foster homes, residential child - caring

agencies, and child - placing agencies." Notably absent from the

stat u t e is any educational requirement for staff of these

entities.

37 . Chapter 65C - 14 implements section 409.175. Regarding

the educational requirements of r esidential child - caring agency

personnel , r ule 65C - 14.023(15) provides :

(b) Program directors, or staff serving a

similar function, who are responsible for

supervising, evaluating and monitoring the

delivery of services within the child caring

agency and for supervising supervisors of

direct care staff shall have a masterÓs

degree in social work or in a related area in

Section 402.402(1)(b), F.S., of study from an

accredited college or university and at least

two (2) years of experience in social

services, or a bachelorÓs degree from a

college or university and four (4) years of

experience working w ith children.

3 8 . DCF's posit i on , that no waiver shall be granted for the

educational requirement of this rule , is contrary to the mandate

of section 120.542(2). 4 / Ms. Turner erroneously concluded that

P etitioner must demonstrate his training and e xperience are

equivalent to the education obtained in securing a bachelor's or

master's degree.

39 . Section 120.542 requires a variance when the purpose of

the "underlying statute," not the rule, has been achieved by

other means. Here, the stated pu rpose of the underlying statute

is to "protect the health, safety, and well - being of all

children" placed in residential care agencies. The evidence is

overwhelming that Petitioner's 17 years of practical experience

through on - the - job training, continuous in - service training, and

demonstrated excellence in the fie lds of social work and child

care within the dependency system , achieved the stated mission of

protecting the health, safety, and welfare of the children served

by His House.

40 . Strict ad herence to the educational requirements in

this instance would lead to the unreasonable, unfair, and

certainly unintended result of removing arguably one of the most

qualified UC Program D irectors in the nation from his position.

Petitioner's qualificatio ns are beyond reproach , and he is the

proverbial "poster - child" for a waiver. No evidence was

presented by DCF to s how how obtaining a formal degree at this

stage would enhance Petitioner's performance in carrying out the

objective of the underlying statu te.

41 . Petitioner demonstrated that he and his family would

suffer a severe financial hardship if the waiver is denied.

Petitioner's unique dedication to the mission of His House and to

its children for over 17 years resulted in Petitioner working his

way into a leadership role that he cannot replicate elsewhere in

the absence of a waiver. Insistence on form over substance in

this case would be a travesty and bring harm not only to

Petitioner but to His House and the children in Florida's

dependenc y care system .

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Department of Children and

Families enter a final order granting Petitioner's request for a

waiver from rule 65C - 14.023(15) (b) .

DONE AN D ENTERED this 11 th day of May , 2017 , in Tallahassee,

Leon County, Florida.

S

MARY LI CREASY

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32 399 - 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 11 th day of May , 2017 .

ENDNOTE S

1/ Petitioner filed a Petition for Waiver of Florida

Administrative Code R ule 6 5C - 14.055(2) and (4) on August 22,

2016. Rule 65C - 14.055(2) and (4) were subsequently repealed

effective October 20, 2016 . Petitioner's waiver application is

governed by the law in effect at the time of the decision.

Lavernia v. Dep't of ProfÓl Reg. , 61 6 So. 2d 53 (Fla. 1st DCA

1993). The applicable law is r ule 65C - 14.023(15)(b) .

2/ Our Kids is the lead community - based care organization that

contracts with the State of Florida to oversee and direct a

coordinated sy s tem of care to deliver services to abandoned and

neglected children and their families in Miami - Dade and Monroe

counties.

3 / Ms. Turner's contention, that experience can never be a

substitute for education, is also contr ary to the express

language of r ule 65C - 14.023(15)(b) which substitut es two

additional years of experience for a master's degree.

4 / Although not addressed by the par ties at final hearing or in

their proposed recommended orders, DCF's policy, as articulated

by Ms. Turner, that no waiver will be granted for the educational

requirement of rule 65C - 14.023(15)(b) , is an unadopted rule. It

is an agency statement of general applicability implementing,

interpreting, or prescribing policy. It describes the procedure

and practice requirements of the agency. Ms. Turner made it

cl ear that this policy left her with no discretion regarding

Petiti oner's waiver application. See Dep 't of Rev . of State of

Fla. v . Vanjaria Enter., Inc. , 675 So. 2d 252 (Fla. 5 th DCA

1996) .

Because this proceeding is not a rule challenge, under

forme r law, the Administrative Law Judge lacked the authority

effectively to invalidate the rule . However, e ffective July 1,

2016, section 120.57(1)(e)1. provides that neither an agency nor

an administrative law judge may "base agency action that

determines th e substantia l interests of a party on an unadopted

rule or a rule that is an invalid exercise of delegated

legislative authority." Ch. 2016 - 116, §§ 4 and 8, Laws of Fla.

Accordingly , agency action in this case cannot be based upon, or

supported by, refer ence to an unadopted rule.

COPIES FURNISHED:

Paul Sexton, Agency Clerk

Department of Children and Families

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Anibal Stephenson

His House Children's Home, Inc.

20 000 Northwest 47th Avenue

Miami, Florida 33055

Carlos Alberto Garcia, Esquire

Department of Children and Families

Suite N - 1014

401 Northwest Second Avenue

Miami, Florida 33128

(eServed)

Lucia C. Pineiro, Esquire

Lucia C. Pineiro & Associates, P.A.

Suit e 221

717 Ponce De Leon Boulevard

Coral Gables, Florida 33134

(eServed)

Rebecca Kapusta, General Counsel

Department of Children and Families

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Mike Carroll, Secretary

Department of Children and Families

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of thi s Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.