21-001994 Lisa Hendrickson vs. Board Of Collier County Commissioners Status: Closed Recommended Order on Wednesday, October 20, 2021.

Summary: Petitioner failed to appear for hearing and therefore failed to present evidence & meet her burden of proof. Petitioner failed to participate in the final hearing and status conferences. This waived her right to a hearing. Recommendation of dismissal.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

L ISA H ENDRICKSON ,

Petitioner ,

vs. Case No. 21 - 1994

B OARD OF C OLLIER C OUNTY

C OMMISSIONERS ,

Respondent .

/

R ECOMMENDED O RDER

The undersigned convened the hearing in this matter at 9:00 a.m.,

October 19, 2021, by Zoom conference as noticed.

F INDINGS OF F ACT

1. As of 9:20 a.m. , the Petitioner, Lisa Hendrickson, had not appeared.

She also had not contacted the office of the undersigned to advise of any

difficulty being able to participate. Counsel for Respondent, Board of Collier

County Commissioners, appeared with witnesses and a party representative

prepared to proceed.

2. The Notice of Hearing in this matter, issued July 9, 2021, cautioned the

parties, "As with any hearing, the failure to appear may constitute a waiver

of the right to present evidence, or be grounds for closur e of the file without

further proceedings."

3. On September 17, 2021, the undersigned issued notices of status

conferences to be held on September 21, and October 11, 2021. Each Notice

cautioned, "A party's failure to participate in the status conference m ay be

treated as the party abandoning the position that it has taken in this

proceeding and agreeing to the relief the other party seeks." Ms. Hendrickson

did not call in to participate in either conference. She also did not contact the

office of the under signed to advise of any difficulty participating.

4. The docket of the Division of Administrative Hearings documents seven

notices and orders issued by the undersigned and sent to the parties. None

have been returned as undeliverable. The notices and order s were mailed to

Ms. Hendrickson at the address she provided in her Petition for Relief.

C ONCLUSIONS OF L AW

5. Ms. Hendrickson bears the burden of proof in this employment

discrimination case. See Dep't of Transp. v. J.W.C. , Co. , 396 So. 2d 778 (Fla.

1st DCA 1981). By failing to attend and participate in the hearing,

Ms. Hendrickson failed to meet her burden.

6. In addition, by failing to attend and participate Ms. Hendrickson

abandoned her claim of discrimination and waived her right to a hearing.

R ECOMMENDATION

Based on the foregoing, it is R ECOMMENDED that the Florida Commission

on Human Relations enter a final order dismissing the Petition for Relief.

D ONE A ND E NTERED this 20th day of October , 2021 , in Tallahassee, Leon

County, Florida.

S

J OHN D. C. N EWTON , II

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 20th day of October , 2021 .

C OPIES F URNISHED :

Tammy S. Barton, Agency Clerk Colleen M. Greene, Esquire

Florida Commission on Human Relations Collier County Attorney

4075 Esplanade Way , Room 110 3299 Tamiami Trail East, Suite 800

Tallahassee, Florida 32399 - 7020 Naples, Florida 33112

Lisa A. Hendrickson

1555 Airway Drive

Naples, Florida 34104

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 exceptions to this Recommended

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

case.