92-001427 William Franklin Grover vs. Florida Real Estate Commission Status: Closed Recommended Order on Monday, June 1, 1992.

Summary: Applicant's failure to appear at final hearing results in recommendation that his application for licensure as a real estate salesman be denied.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM FRANKLIN GLOVER, )

)

Petitioner, )

)

vs. ) CASE NO. 92-1427

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, DIVISION OF REAL )

ESTATE, FLORIDA REAL ESTATE )

COMMISSION, )

)

Respondent. )

________________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on May 26,

1992, in Miami, Florida, before Stuart M. Lerner, a duly designated Hearing

Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No appearance

For Respondent: Manuel E. Oliver, Esquire

Assistant Attorney General

Suite 107 South

400 West Robinson Street

Orlando, Florida 32801

STATEMENT OF THE ISSUES

Whether Petitioner meets the qualifications prescribed by Chapter 475,

Florida Statutes, for licensure as a real estate salesman?

PRELIMINARY STATEMENT

At its meeting on January 22, 1992, the Florida Real Estate Commission

announced its intention to deny Petitioner's application for licensure as a real

estate salesman based upon his "answer to Question #7 of the licensing

application and/or [his] criminal record according to the appropriate law

enforcement agency." Pursuant to Petitioner's request, the case was referred to

the Division of Administrative Hearings on March 4, 1992, for the assignment of

a Hearing Officer to conduct a formal hearing on the matter.

The parties were given notice of the formal hearing in the instant case in

accordance with Section 120.57(1)(b)2, Florida Statutes. Petitioner failed to

make an appearance at the hearing either in person or through an attorney or

other representative. As a result, no evidence was presented on his behalf. In

view of Petitioner's nonappearance and his failure to offer any evidence

demonstrating his qualifications for licensure, counsel for Respondent urged the

Hearing Officer to recommend denial of his licensure application. The hearing

then concluded.

FINDINGS OF FACT

Because no evidence was offered at hearing in the instant case, the Hearing

Officer is unable to make any findings of fact relating to Petitioner's

qualifications for licensure.

CONCLUSIONS OF LAW

1. Petitioner had the burden of proving at hearing that he is qualified

for licensure as a real estate salesman. See Florida Department of

Transportation v. J.W.C. Company, Inc., 396 So.2d 778, 788 (Fla. 1st DCA 1981);

Florida Department of Health and Rehabilitative Services v. Career Service

Commission, 289 So.2d 412, 415 (Fla. 4th DCA 1974).

2. Petitioner did not make an appearance at hearing and therefore offered

no evidence demonstrating he is qualified for licensure as a real estate

salesman. Because he failed to meet his burden of proof, Petitioner's

application for licensure should be denied.

RECOMMENDATION

Based upon the foregoing, it is hereby

RECOMMENDED that the Florida Real Estate Commission issue a final order

denying Petitioner's application for licensure as a real estate salesman.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this __1st__ day of

June, 1992.

__________________________________

STUART M. LERNER

Hearing Officer

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

[phone]

Filed with the Clerk of the

Division of Administrative Hearings

this __1st__ day of June, 1992.

Copies furnished:

William Franklin Glover

3331 Northwest 214th Street

Miami, Florida 33056

Manuel E. Oliver, Esquire

Assistant Attorney General

Suite 107 South

400 West Robinson Street

Orlando, Florida 32801

Darlene F. Keller, Division Director

Division of Real Estate

400 West Robinson Street

Post Office Box 1900

Orlando, Florida 32802-1900

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED

ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT

WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD OF TIME WITHIN WHICH TO

SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE

FINAL ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING

EXCEPTIONS TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER

SHOULD BE FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.