20-003541 Department Of Educaiton, Division Of Vocational Rehabilitation vs. Push To Open, Inc., And Jose Ernesto Martinez Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, September 25, 2020.

4. After seeking a brief extension of time, which the Department granted, Respondents

submitted a Request for Administrative Hearing to the Department on July 24, 2020.

5. Respondent's Request for Administrative Hearing was filed with the Division of

Administrative Hearings on August 10, 2020.

6. The final hearing in this matter was scheduled with the Division of Administrative

Hearings for October 7, 2020 and October 9, 2020.

7. On September 24, 2020, Respondents filed a Notice of Voluntary Dismissal with

the Division of Administrative Hearings.

8. On September 25, 2020, the administrative law judge issued an Order Closing File,

relinquishing jurisdiction to the Department.

9. The Findings of Fact alleged as in the Administrative Complaint are incorporated

herein by reference and are adopted as Findings of Fact for this Final Order.

CONCLUSIONS OF LAW

10. Under section 413.208(1), Florida Statutes, businesses that wish to provide services

to the Division's clients must register with the Division. The Division must ensure that each service

provider maintains an internal system of quality assurance, has proven functional systems, and is

subject to a due-diligence inquiry as to its fitness to undertake service responsibilities. §

413 .208(1 ), Fla. Stat.

11. By filing of the Notice of Voluntary Dismissal, Respondents waived their right to

an administrative hearing.

12. The Conclusions of Law set forth in the Administrative Complaint, being

uncontested by the Respondents, are accepted as true and correct and are adopted by the

Department as Conclusions of Law of this Final Order.

DISPOSITION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED:

Respondents' registration as service providers for the Division is PERMANENTLY REVOKED.

Furthermore, neither Respondent will be permitted in the future to register with the Division to

provide any other types of services to the Division's clients.

Richard Corcoran

Commissioner of Education

NOTICE OF APPEAL RIGHTS

THIS ORDER CONSTITUTES FINAL AGENCY ACTION. PURSUANT TO

SECTION 120.68(2), FLORIDA STATUTES, JUDICIAL REVIEW OF THIS

PROCEEDING MAY BE INSTITUTED BY FILING A NOTICE OF APPEAL

WITH THE DEPARTMENT'S AGENCY CLERK, 325 WEST GAINES

STREET, TALLAHASSEE, FLORIDA 32399-0400, WITHIN THIRTY (30)

CALENDAR DAYS OF THE DATE THIS ORDER IS FILED IN THE OFFICIAL

RECORDS OF THE DEPARTMENT OF EDUCATION, AS INDICATED IN

THE CERTIFICATE OF THE AGENCY CLERK BELOW, OR FURTHER

REVIEW WILL BE BARRED. A COPY OF THE NOTICE OF APPEAL MUST

BE FILED WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE

DISTRICT COURT WHERE THE AGENCY MAINTAINS ITS

HEADQUARTERS OR WHERE A PARTY RESIDES AND MUST BE

ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(2),

FLORIDA STATUTES.

CERTIFICATE OF FILING AND SERVICE

I HEREBY CERTIFY that the above FINAL ORDER has been filed with the Agency Clerk

ofthe Department of Education this day of C? e--bbr£ , 2020, and that a true and

correct copy has been furnished

By email to:

Guillermo Cuadra, Esquire

!l c @ cuadralaw.net

Brent McNeal, Esquire

Department of Education

Division of Vocational Rehabilitation

brent.mcneal @ fldoe . or g

Taylor Wolff, Esquire

Department of Education

Division of Vocational Rehabilitation

ta y lor.wolf tft{fl doe .on !

Allison Flanagan

Department of Education

Division of Vocational Rehabilitation

allison.flana g an @ vr.fldoe . o m

AGENCY CLERK