19-003616TTS Miami-Dade County School Board vs. Shavonne L. Anderson Status: Closed Recommended Order on Tuesday, November 26, 2019.

Summary: School Board proved by a preponderance of the evidence that just cause exists to suspend without pay and terminate Respondent's employment as a teacher for misconduct, gross insubordination, and violation of School Board policy.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MIAMI - DADE COUNTY SCHOOL BOARD,

Petitioner,

vs. Case No. 19 - 3616TTS

SHAVONNE L. ANDERSON,

Respondent.

_______________________________/

RECOMMENDED ORDER

This case came before Ad ministrative Law Judge Darren A.

Schwartz of the Division of Administrative Hearings ( " DOAH " ) for

final hearing on September 23, 2019, in Miami, Florida.

APPEARANCES

For Petitioner: Cristina Rivera, Esquire

Miami - Dade County Sc hool Board

1450 N ortheast Seco nd Avenue, Suite 430

Miami, Florida 33132 - 1308

For Respondent: Shavonne L. Anderson, pro se

2868 Northwest 197 th Terrace

Miami Gar dens, Florida 33056

STATEMENT OF THE ISSUE

Whether just cause exists for Petitioner to suspend without

pay and terminate Respondent ' s employment as a teacher.

PRELIMINARY STATEMENT

On June 19, 2019, at its scheduled meeting, Petitioner,

Miami - Dade Coun ty School Board ( " School Board " ), took action to

suspend Respondent, Shavonne L. Anderson ( " Respondent " ), without

pay and initiate proceedings to terminate her employment as a

teacher. By letter dated June 20, 2019, the School Board

notified Respondent of her right to request an administrative

hearing within 15 days.

On July 2, 2019, Respondent timely requested an

administrative hearing. On July 5, 2019, the School Board

referred the matter to DOAH to assign an Administrative Law Judge

to conduct the fi nal hearing. The final hearing was initially

set for August 16, 2019.

On August 1, 2019, the School Board filed a Notice of

Specific Charges. The Notice of Specific Charges contains

certain factual allegations, and based on those factual

allegations, t he School Board charged Respondent with m isconduct

in o ffice (Count I) and g ross i nsubordination (Count II).

On August 2, 2019, the School Board filed a motion to

continue the final hearing. On August 5, 2019, the undersigned

entered an Order resetting th e final hearing for September 23,

2019.

On September 18, 2019, Respondent filed a motion in limine

and/or objection to the School Board ' s E xhibits 4 through 14 and

witness, Dr. Carmen Jones - Carey. On September 18, 2019, the

School Board filed a motion t o strike Respondent ' s exhibits or,

in the alternative, motion in limine and/or objections to

Respondent ' s exhibit list. On September 19, 2019, a telephonic

hearing was held on the motions with Respondent and counsel for

the School Board participating in t he hearing. On September 20,

2019, the undersigned entered an Order denying Respondent ' s

motion and reserv ing ruling on the School Board ' s motion.

The final hearing was held on September 23, 201 9 , with both

parties present. At the outset of the hearing, the undersigned

readdressed the School Board ' s motion filed September 18, 2019.

After hearing argument and reviewing Respondent ' s proposed

exhibits, the undersigned granted the School Board ' s motion as to

those documents within Respondent ' s Exhibit 1 pert ain ing to

student referrals other than to D.A. Otherwise, the motion was

denied. At the outset of the final hearing, the School Board

also made an unopposed ore tenus motion for official recognition

of the documents within the School Board ' s Exhibits 1 t hrough 3 ,

13 , and 14, which was granted.

The School Board presented the testimony of Dr. Carmen

Jones - Carey, Maria Rodriguez, R.B., Joanna Semeniuk, Ariel

Edwards - Shinhoster, K. B ., and D.A. The School Board ' s Exhibits 4

through 8 , 10 , and 11 were received in to evidence. Respondent

testified on her own behalf and presented the additional

testimony of Joanna Semeniuk. Respondent ' s Exhibits 1 through 3

were received in to evidence.

The one - volume final hearing Transcript was filed on

October 29, 2019 . The p arties timely filed their proposed

recommended orders, which were given consideration in the

preparation of this Recommended Order. U nless otherwise

indicated, all rule and statutory references are to the versions

in effect at the time of the alleged viol ations.

FINDING S OF FACT

1. The School Board is a duly - constituted school board

charged with the duty to operate, control, and supervise the

public schools within Miami - Dade County, Florida.

2. At all times material to this case, Respondent was

employed by the School Board as a teacher pursuant to a

professional services contract. Respondent was initially hired

by the School Board in July 2006 and assigned to teach at Horace

Mann Middle School ( " Horace Mann " ) .

3. At all times material to this case, Resp ondent ' s

employment with the School Board was governed by Florida law, the

School Board ' s policies, and the collective bargaining agreement

between the School Board and the United Teachers of Dade ( " UTD " ).

The 2010 - 2011 School Year

4. During the 2010 - 2011 school year, Respondent was a

teacher at Horace Mann. Dr. Carmen Jones - Carey, the principal at

Horace Mann, was authorized to issue directives to her employees,

including Respondent.

5. Dr. Jones - Carey issued Respondent a letter of r eprimand

on May 23 , 2011, concerning an alleged incident that occurred on

April 27, 2011, involving Respondent " yelling , " " throwing things

around " in her classroom, and making an inappropriate comment to

another employee. The reprimand directed Respondent to refrain

from i nappropriate emotional outbursts, losing control, and

making inappropriate comments to or about staff members that may

be interpreted as offensive or threatening. The reprimand

further directed Respondent to: (1) strictly adhere to all

School Board rules and regulations, specifically, School Board

R ules 6Gx13 - 4A - 1.21 and 6Gx 13 - 4A - 1.213; (2) refrain from using

inflammatory language in her role as a teacher; and (3) conduct

herself, both in her employment and in the community, in a manner

that will reflect credit upon herself and the School Board.

Dr. Jones - Carey informed Respondent that failure to comply with

the directives may result in further disciplinary action.

6. On May 25, 2011, Dr. Jones - Carey held a conference for

the record with Respondent rega rding the April 27, 2011,

incident, at which time Respondent was directed to: (1) strictly

adhere to all School Board rules and regulations, specifically,

School Board R ules 6Gx13 - 4A - 1.21 and 6Gx13 - 4A - 1.213; (2) refrain

from using inflammatory language in her role as a teacher; and

(3) conduct herself, both in her employment and in the community,

in a manner that will reflect credit upon herself and the School

Board. Dr. Jones - Carey informed Respondent that failure to

comply with the directives will be dee med as insubordination

which may result in disciplinary action.

The 2011 - 2012 School Year

7 . On April 13, 2012 , Dr. Jones - Carey and Paul J.

Greenfield, a dministrative d irector for North Regional Center,

held a conference for the record with Respondent co ncerning an

alleged incident in the cafeteria involving Respondent yelling at

and pulling a student by the bottom of her shirt, slinging the

student around, and causing the student to fall into a metal

counter. During the conference, Respondent was direct ed to,

among other things: (1) adhere to all School Board policies,

specifically , School Board Policies 3210, Standards of Ethical

Conduct , and 3210.01, Code of Ethics; (2) refrain from using

physical means as a form of discipline; and (3) conduct herself ,

both in her employment and in the community, in a manner that

will reflect credit upon herself and the School Board. As a

result of the alleged incident, Respondent was suspended without

pay for 17 days and informed that failure to comply with the

direc tives may result in further disciplinary action.

The 2012 - 2013 School Year

8. On November 16, 2012, Dr. Jones - Carey held a conference

for the record with Respondent concerning an alleged incident in

Respondent ' s sixth - period class involving a verbal alte rcation

between Respondent and a student during which Respondent used

inappropriate language when addressing the student and the entire

class. During the conference, Respondent was directed to, among

other things: (1) adhere to all School Board policies,

specifically , School Board Policies 3210, Standards of Ethical

Conduct , and 3210.01, Code of Ethics; (2) conduct herself, both

in her employment and in the community, in a manner that will

reflect credit upon herself and the School Board ; (3) refrain

from exposing a student to unnecessary embarrassment or

disparagement; and (4) refrain from using abusive and/or profane

language or display ing unseemly conduct in the workplace . During

the conference, Respondent was also informed of the issuance of a

letter of reprimand and that failure to comply with the

directives will result in disciplinary action.

9. Dr. Jones - Carey issued Respondent a letter of r eprimand

on November 28, 2012, concerning the alleged incident that

occurred in Respondent ' s sixth - period cla ss. The reprimand

directed Respondent to immediately refrain from getting involved

in verbal confrontations with students, berating, taunting,

and/or embarrassing students in class and/or in any public area.

The reprimand further directed Respondent to: (1) adhere to all

School Board policies, specifically, School Board Policies 3210,

Standards of Ethical Conduct, and 3210.01, Code of Ethics;

(2) conduct herself, both in her employment and in the community,

in a manner that will reflect credit upon hers elf and the School

Board; (3) refrain from exposing a student to unnecessary

embarrassment or disparagement; and (4) refrain from using

abusive and/or profane language or display ing unseemly conduct in

the workplace. Dr. Jones - Carey informed Respondent th at any

recurrences of the above infraction would constitute gross

insubordination and may result in further disciplinary action, up

to and including dismissal from further employment with the

School Board.

10. On March 21, 2013, Dr. Jones - Carey held a con ference

for the record with Respondent concerning an alleged incident

that occurred in Respondent ' s fifth - period class on February 8,

2013, in which Respondent yelled at the entire class and

forcefully moved desks, which caused another desk to hit a

studen t causing the student to lose her balance and injure her

arm. During the conference, Respondent was directed to, among

other things: (1) adhere to all School Board policies,

specifically , School Board Policies 3210, Standards of Ethical

Conduct , and 3210 .01, Code of Ethics; (2) conduct herself, both

in her employment and in the community, in a manner that will

reflect credit upon herself and the School Board; (3) refrain

from exposing a student to unnecessary embarrassment or

disparagement; and (4) refrai n from using abusive and/or profane

language or display ing unseemly conduct in the workplace. During

the conference, Respondent was also informed that failure to

comply with the directives will constitute gross insubordination

and result in disciplinary a ction.

1 1 . Dr. Jones - Carey issued Respondent a letter of r eprimand

on April 9, 2013, concerning the alleged incident that occurred

in Respondent ' s fifth - period class on February 8, 2013. The

reprimand directed Respondent to immediately refrain from losin g

her temper in class, getting involved in verbal confrontations

with students, berating, taunting, and/or embarrassing students

in class and/or in any public area. The reprimand further

directed Respondent to: (1) adhere to all School Board policies,

sp ecifically, School Board Policies 3210, Standards of Ethical

Conduct, and 3210.01, Code of Ethics; (2) conduct herself, both

in her employment and in the community, in a manner that will

reflect credit upon herself and the School Board; (3) refrain

from ex posing a student to unnecessary embarrassment or

disparagement; and (4) refrain from using abusive and/or profane

language or display ing unseemly conduct in the workplace.

Dr. Jones - Carey informed Respondent that any recurrences of the

above infraction wo uld constitute gross insubordination and may

result in further disciplinary action, up to and including

dismissal from further employment with the School Board.

12. On June 19, 2013, at its scheduled meeting, the School

Board took action to suspend Respon dent without pay and terminate

her employment as a teacher. Respondent timely requested a

formal administrative hearing, and, on June 26, 2013, the School

Board referred the matter to DOAH. The matter was styled Miami -

Dade County School Board v. Shavonne Anderson , DOAH Case

No. 13 - 2414TTS, and assigned to Administrati ve Law Judge Todd P.

Resavage.

2013 - 2014 School Year

13. On January 14, 2014, following an evidentiary hearing,

Judge Resavage issued a Recommended Order finding Respondent

guilty of gross i nsubordination . Judge Resavage recommended that

the School Board enter a final order finding Respondent guilty of

gross insubordination, suspending her employment without pay for

a period of 180 school days, and placing her on probation for a

period of tw o years. On February 12, 2014, the School Board

entered a Final Order adopting Judge Resavage ' s Recommended

Order , impos ing the suspension without pay for a period of

180 days. Respondent received credit for time served and was

reinstated for the 2014 - 20 15 school year.

2018 - 2019 School Year

1 4 . Respondent was re - assigned to Miami Beach S enio r High

School for the 2018 - 2019 school year, w here she taught physical

science.

15. The proposed discipline is based on conduct occurring

on January 31, 2019, duri ng Respondent ' s fourth - period inclusion

physical science class , co - taught by Respondent and another

teacher, Joanna Semeniuk.

16. On January 31, 2019, D.A. was a ninth - grade male

special education student in the class. During class, D.A.

questioned Respo ndent about the quality of his written work .

D ispleased with Respondent ' s answer , a verbal confrontation

ensued between D.A. and Respondent. The argument escalated after

D.A. stood up, threw his paper on the floor of the classroom,

used profane language toward Respondent , and attempted to leave

the room .

17. In response to D.A. ' s conduct , Respondent became irate,

grabbed the paper off the floor, used profane language toward

D.A., grabbed D.A. by his shirt, and shoved the piece of paper

down his shirt. T he incident was witnessed by Ms. Semeniuk and

ot her students in the classroom.

1 8 . Respondent ' s conduct on January 31, 2019 , was

inappropriate , disparag ing , reflected poorly upon herself and the

School Board, and reduced Respondent ' s ability to effectivel y

perform duties. Respondent could certainly have projected

authority and addressed the student ' s behavior without escalating

the situation and resorting to the profane and disparaging verbal

attack and initiating inappropriate physical contact with D .A.

19 . The persuasive and credible evidence adduced at hearing

establishes that Respondent is guilty of misconduct in office in

violation of Florida Administrative Code Rule 6A - 5.056.

2 0 . Through the profane and disparaging verbal tirade

and inappropriate physical contact upon the student on

January 31, 2019 , Respondent violated Florida Administrative Code

Rules 6A - 10.081( 2 )(a)1., 5., and 6 . , by failing to make

reasonable effort to protect the student from conditions harmful

to learning and/or to the studen t ' s mental and/or physical health

and/or safety, intentionally exposing the student to unnecessary

embarrassment or disparagement, and intentionally violating the

student ' s rights. Respondent also violated School Board

Policy 3210 , Standards of Ethical Co nduct, sections A.3 . , 7 . ,

and 8 ., and School Board Policy 3210.01 , Code of Ethics, Conduct

Regarding Students, sections A., E., and F., which mirror

rule s 6A - 10.081(2)(a)1., 5., and 6 .

2 1 . The persuasive and credible evidence adduced at hearing

establishe s that Respondent is guilty of gross insubordination in

violation of rule 6A - 5.056(4) by intentionally refusing to obey a

direct order, reasonable in nature, and given by and with proper

authority. By failing to comply with the specific directives

detaile d above to refrain from exposing a student to unnecessary

embarrassment or disparagement; refrain from using abusive and/or

profane language or display ing unseemly conduct in the workplace;

refrain from inappropriate emotional outbursts, losing control,

an d using inflammatory language in her role as a teacher; and

conduct herself, both in her employment and in the community, in

a manner that will reflect credit upon herself and the School

Board, Respondent intentionally refused a direct order,

reasonable in nature, and given by and with proper authority.

2 2 . At hearing, Respondent acknowledged that her language

and use of profanity toward her student in the classroom on

January 31, 2019, was inappropriate. Specifically, Respondent

acknowledged that during the incident she called D.A. a " faggot "

and directed the word " shit " toward him.

2 3 . The persuasive and credible evidence adduced at hearing

fails to establish that Respondent is guilty of violating

rule 6A - 10.081(2)(c)4., or School Board Policy 3210 , Sta ndards of

Ethical Conduct, sections A.9. and 22.

CONCLUSIONS OF LAW

2 4 . DOAH has jurisdiction of the subject matter and the

parties to this proceeding pursuant to sections 120.569

and 120.57(1), Florida Statutes (2019) .

2 5 . Respondent is an instructional employee, as that term

is defined in section 1012.01(2), Florida Statutes. The School

Board has the authority to suspend and terminate instructional

employees pursuant to sections 1012.22(1)(f), 1012.33(1)(a),

and 1012.33(6)(a).

2 6 . The School Board has the burden of proving, by a

preponderance of the evidence, that Respondent committed the

violations alleged in the Notice of Specific Charges and that

such violations constitute " just cause " for dismissal.

§§ 1012.33(1)(a) and (6) (a) , Fla. Stat.; Dileo v. Sch. Bd. of

Dade Cnty. , 569 So. 2d 883, 884 (Fla. 3d DCA 1990).

2 7 . The preponderance of the evidence standard requires

proof by " the greater weight of the evidence " or evidence that

" more likely than not " tends to prove a certain proposition.

Gros s v. Lyons , 763 So. 2d 276, 280 n.1 (Fla. 2000). The

preponderance of the evidence standard is less stringent than the

standard of clear and convincing evidence applicable to loss of a

license or certification. Cisneros v. Sch. Bd. of Miami - Dade

Cnty. , 9 90 So. 2d 1179 ( Fla. 3d DCA 2008).

2 8 . Whether Respondent committed the charged offenses is a

question of ultimate fact to be determined by the trier - of - fact

in the context of each alleged violation. Holmes v. Turlington ,

480 So. 2d 150, 153 (Fla. 1 st DC A 1985); McKinney v. Castor ,

667 So. 2d 387, 389 (Fla. 1st DCA 1995).

29 . Sections 1012.33(1)(a) and (6) (a) provide , in pertinent

part , that instructional staff may be terminated during the

term of their employment contract only for " just cause. "

§§ 1012 .33(1)(a) and (6) (a) , Fla. Stat. " Just cause " is defined

in section 1012.33(1)(a) to include " misconduct in office " and

" gross insubordination. "

3 0 . Section 1001.02(1), Florida Statutes, grants the State

Board of Education authority to adopt rules pursua nt to

sections 120.536(1) and 120.54 to implement provisions of law

conferring duties upon it.

3 1 . Consistent with this rulemaking authority, the State

Board of Education has defined " misconduct in office " in

rule 6A - 5.056(2), which provides:

(2) " Misconduct in Office " means one or more

of the following:

* * *

(b) A violation of the Principles of

Professional Conduct for the Education

Profession in Florida as adopted in

Rule 6 A - 1 0 .0 8 1 , F.A.C.;

(c) A violation of the adopted school b oard

rules;

(d) Behavior that disrupts the student ' s

learning environment; or

(e) Behavior that reduces the teacher ' s

ability or his or her colleagues ' ability to

effectively perform duties.

3 2 . Rule 6A - 5.056(2)(b) incorporates by reference

rule 6A - 10.081, which is titled " Principles of Professional

Conduct for the Education Profession in Florida. " Rule 6A -

10.081( 2 )(a) p rovides, in pertinent part:

( a ) Obligation to the student requires that

the individual:

1. Shall make reasonable effort to pr otect

the student from conditions harmful to

learning and/or to the student ' s mental

and/or physical health and/or safety.

* * *

5. Shall not intentionally expose a student

to unnecessary embarrassment or

disparagement.

6. Shall not intentiona lly violate or deny a

student ' s legal rights.

* * *

(c) Obligation to the profession of

education requires that the individual:

* * *

4. Shall not engage in harassment or

discriminatory conduct which unreasonably

interferes with an in dividual ' s performance

of professional or work responsibilities or

with the orderly process of education or

which creates a hostile, intimidating,

abusive, offensive, or oppressive

environment; and, further, shall make

reasonable effort to assure that each

individual is protected from suc h harassment

or discrimination.

3 3 . Consistent with its rulemaking authority, the State

Board of Education has defined " gross insubordination " in

rule 6A - 5.056(4), which provides:

(4) " Gross insubordination " means the

i ntentional refusal to obey a direct order,

reasonable in nature, and given by and with

proper authority; misfeasance, or malfeasance

as to involve failure in the performance of

the required duties.

3 4 . School Board Policy 3210 , Stand ard s of Ethical Cond uct ,

provides, in pertinent part:

All employees are representatives of the

District and shall conduct themselves, both

in their employment and in the community, in

a manner that will reflect credit upon

themselves and the school system.

A. An in structi onal staff member shall:

* * *

3. make a reasonable effort to protect the

student from conditions harmful to learning

and/or to the student ' s mental and/or

physical health and/or safety;

* * *

7. not intentionally expose a student to

unnecessary embarrassment or disparagement;

8. not intentionally violate or deny a

student ' s legal rights;

9. not harass or discriminate against any

student on any basis prohibited by law or the

School Board and shall make reasonable

efforts to assu re that each student is

protected from harassment or discrimination;

* * *

21. not use abusive and/or profane language

or display unseemly conduct in the workplace;

22. not engage in harassment or

discriminatory conduct which unreasonably

in terferes with an individual ' s performance

of professional or work responsibilities or

with the orderly processes of education or

which creates a hostile, intimidating,

abusive, offensive, or oppressive

environment; and, further, shall make

reasonable effor ts to assure that each

individual is protected from such harassment

or discrimination;

3 5 . School Board Policy 3210.01, Code of Ethics , provides,

in pertinent part:

Conduct Regarding Students

Each employee:

A. shall make reasonable effort to protect

the student from conditions harmful to

learning and/or to the student ' s mental

and/or physical health and/or safety;

* * *

E. shall not intentionally expose a student

to unnecessary embarrassment or

disparagement;

F. shall not intentionally vi olate or deny a

student ' s legal rights.

3 6 . Turning to the present case, the School Board proved by

a preponderance of the evidence that Respondent is guilty of

misconduct in office in violation of rule 6A - 5.056(2). As

detailed above, Respondent faile d to make reasonable effort to

protect h er student from conditions harmful to learning and

intentionally exposed h er student to unnecessary embarrassment or

disparagement. Respondent also engaged in conduct which

disrupted the student ' s learning environme nt and reduced

Respondent ' s ability to effectively perform h er duties.

3 7 . Respondent also violated School Board Policy 3210 ,

Standards of Ethical Conduct, sections A.3., 7., and 8 .,

and School Board Policy 3210.01 , Code of Ethics, Conduct

Regarding Stu dents, sections A., E., and F., which mirror

rule s 6A - 10.081(2)(a)1., 5., and 6.

3 8 . The School Board proved by a preponderance of the

evidence that Respondent is guilty of gross insubordination in

violation of rule 6A - 5.056(4) by intentionally refusing t o obey a

direct order, reasonable in nature, and given by and with proper

authority.

3 9 . The School Board failed to prove by a preponderance

of the evidence that Respondent is guilty of violating rule 6A -

10.081(2)(c)4 . and School Board Policy 3210 , Standa rds of Ethical

Conduct, sections A.9. and 22. Rule 6A - 10.081(2)(c)4. makes no

mention of students, in contrast to rule 6A - 10.081(2)(a), which

specifically refers to a teacher ' s obligation " to the student. "

Moreover, the conduct proscribed by rule 6A - 10.0 81(2)(c)4.

a nd School Board Policy 3210 , Standards of Ethical Conduct,

sections A.9. and 22 ., must be predicated on an intentional

underlying discriminatory animus (i.e., subjecting one to a

hostile environment or discrimination because of sex , rac e ,

disab ility , or age ), which was not proven.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Miami - Dade County School Board

enter a final order upholding the suspension and terminating

Respondent ' s employ ment.

DONE AND ENTERED this 26th day of November , 2019 , in

Tallahassee, Leon County, Florida.

S

DARREN A. SCHWARTZ

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Ta llahassee, Florida 32399 - 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 26th day of November , 2019.

COPIES FURNISHED:

Shavonne L. Anderson

2868 Northwest 197 th Te rrace

Miami Gardens, Florida 33056

(eServed)

Cristina Rivera, Esquire

Miami - Dade County School Board

1450 N ortheast Second Avenue , Suite 430

Miami, Florida 33132 - 1308

(eServed)

Christopher J. La Piano , Esquire

Miami - Dade County School Board

1450 Nort heast Second Avenue, Suite 430

Miami, Florida 33132 - 1308

(eServed)

Matthew Mears, General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

Richard Corcoran , Commissioner o f Education

Department of Education

Turlington Building, Suite 1514

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

Alberto M. Carvalho, Superintendent

Miami - Dade County School Board

1450 Northeast Second Avenue, Suite 912

Miami, Florida 33132 - 1308

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 t he Final Order in this case.