20-001355 Kristian Richardson vs. Richard Corcoran, As Commissioner Of Education Status: Closed Recommended Order on Tuesday, August 11, 2020.

Summary: Petitioner did not attend hearing. Consequently, Petitioner did not offer evidence and did not meet the burden of proving claim that teacher certification exam was scored incorrectly. Also waive right to hearing by not attending.

K - 12 Test was denied. On February 10, 2020, Petitioner requested a hearing

to challenge that decision. Respondent referred the matter to the Division on

March 13, 2020, to conduct the hearing.

On March 25, 2020, the undersigned set the hearing for May 18, 2020. On

April 30, 2020, Respondent filed an unopposed Motion for Continuance due to

the Coronav irus pandemic. The motion was granted. The hearing was

reschedule d to August 3, 2020, to be conducted by Zoom video conference.

F INDINGS OF F ACT

1. On July 27, 2020, the undersigned conducted a properly noticed Pre -

hearing C onference by telephone. Respondent participated. Petitioner did not

appear . Afterwards , a Pre - h e aring O rder was rendered noting that Petitioner

had not participated in the conference.

2. The Division's docket for this matter does not indicate that the Notice of

Hearing, Notice of Pre - hearing Conference , or Pre - h earing O rder has been

returned for any reason, including an incorrect address.

3. The Initial Order in this matter referred P etitioner to the "Representing

Yourself" document link on the Division's website. That document advises

litigants , " If your address changes, be sure to notify the Divis ion in writing so

that you can be properly notified about the hearing date and receive your

copy of the Recommended Order. "

4. On August 3, 2020, at 2:40 p.m. , the Division received the

Confidentiality Order rendered July 17, 2020, from the post office wit h the

notation, " Not Deliverable as Addressed." This is the only order that has been

returned as undeliverable. On August 4, 2020, the assistant to the

undersigned emailed Petitioner to advise him the Confidentiality Order had

been returned and request ed a current address. He provided a post office box

address in Highland, New York.

5. Petitioner's Request for Hearing provided an address in Odessa,

Florida, which was used for delivery of all orders rendered in this matter.

This Recommended Order is being s ent to th e Odessa address and the

Highland, New York, address to ensure that Petitioner receives the Order.

6 . Petitioner did not appear at the final hearing conducted on August 3,

2020 , which was noticed on May 14, 2020 .

7 . Petitioner did not contact the office of the undersigned about any

diffic ulty participating. Respondent's counsel advised that she had not had

any recent communications with Petitioner.

8 . As of 9:30 a.m., August 3, 2020, Petitioner had not appeared for the

hearing or contacted the off ice of the undersigned. Petitioner also had not

provided any notice of a change in address. The undersigned adjourned the

hearing at 9:30 a.m.

C ONCLUSIONS OF L AW

9 . The Division of Administrative Hearings has jurisdiction over the

parties and subject matt er of this proceeding. §§ 120.569 and 120.57(1), Fla.

Stat. (2019).

10 . T he general rule is that a party asserting the affirmative of an issue

bears the burden of proof. See Young v. Dep't of Cm ty . Aff . , 625 So. 2d 831

(Fla. 1993); Golfcrest Nursing Home v . Ag . for Health Care Admin. , 662 So. 2d

1330, 1334 (Fla. 1st DCA 1995); McDonald v. Dep't of Prof . Reg . , Bd. of Pilot

Com'rs , 582 So. 2d 660, 670 (Fla. 1st DCA 1991).

11 . Petitioner bears the burden of moving forward in this proceeding.

12 . Petitioner b ears the burden of pro ving his claim that his examination

was incorrectly scored.

13 . Petitioner did not produce evidence to support his claim that

Respondent scored the certification examination in correctly. Consequently,

Petitioner failed to satisfy his burden of proof.

1 4 . B y failing to appear , Petitioner also waived the right to challenge

Respondent's decision .

R ECOMMENDATION

For the foregoing reasons, it is RECOMMENDED that Respondent enter a

final o rder denying Petitioner's challenge to the scoring of Petitioner's Florida

Teacher Certification Examination for Physical Education K - 12 Test .

D ONE A ND E NTERED this 11th day of August , 2020 , in Tallahassee, Leon

County, Florida.

J OHN D. C. N EWTON , II

Administrative Law Judge

Division of Administrativ e Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, 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 11th day of August , 2020 .

C OPIES F U RNISHED :

Kristian Richardson

P ost O ffice Box 726

Highland, New York 12528

Kristian Richardson

Apartment 203

2572 Fencepost Drive

Odessa, Florida 33556

Bonnie Ann Wilmot, Esquire

Department of Education

325 West Gaines Street

Tallahassee, Florida 323 99

(eServed)

Anastasios Kamoutsas , Esquire

Department of Education

Suite 1544

325 W est Gaines Street

Tallahassee, Florida 32399

(eServed)

Richard Corcoran , Commissioner of Education

Department of Education

Turlington Building, Suite 1514

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

Matthew Mears, General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

Chris Emerson, Agency Clerk

Department of Education

Turlington Building, Suite 1520

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

All parties have the right to submit written exceptions within 15 days from

the date of this Recommended Order. Any e xceptions to this Recommended

Order should be filed with the agency that will issue the Final Order in this

case.