99-004489
Magalis Aguilera vs.
Department Of Health, Board Of Psychology
Status: Closed
Recommended Order on Friday, June 16, 2000.
Recommended Order on Friday, June 16, 2000.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8MAGALIS AGUILERA, )
11)
12Petitioner, )
14)
15vs. ) Case No. 99-4489
20)
21DEPARTMENT OF HEALTH, BOARD )
26OF PSYCHOLOGY, )
29)
30Respondent. )
32__________________________________)
33RECOMMENDED ORDER
35Pursuant to stipulation of the parties, this matter was
44submitted to Administrative Law Judge Michael M. Parrish of the
54Division of Administrative Hearings for preparation of a
62Recommended Order on the basis of a stipulated record, without
72an evidentiary hearing.
75APPEARANCES
76For Petitioner: Howard J. Hockman, Esquire
82Offices at Pinecrest, Suite 210
877695 Southwest 104th Street
91Miami, Florida 33156
94For Respondent: Donna Erlich, Esquire
99Office of the Attorney General
104Administrative Law Section
107The Capitol, Plaza Level 01
112Tallahassee, Florida 32399-1050
115STATEMENT OF THE ISSUES
119The issues in this case are whether the Petitioner's
128application for a provisional license as a psychologist and/or
137the Petitioner's application for licensure as a psychologist by
146examination should be granted or denied.
152PRELIMINARY STATEMENT
154The history of this case began when the Petitioner, Dr.
164Magalis Aguilera, filed applications for provisional licensure
171and for licensure by examination with the Board of Psychology on
182February 23, 1998, and March 19, 1998, respectively. On
191August 7, 1998, and August 12, 1998, respectively, the Board of
202Psychology issued and served notices of intention to deny the
212Petitioner's applications for provisional licensure and
218licensure by examination.
221On December 4, 1998, pursuant to the Petitioner's request,
230a hearing not involving issues of disputed material fact was
240held before the Board of Psychology. At the conclusion of the
251December 4 hearing, the Board of Psychology entered a Final
261Order denying both of the Petitioner's applications for
269licensure. The Petitioner appealed the Final Order. Her
277arguments on appeal included the assertion that she had been
287improperly denied an evidentiary hearing before the Division of
296Administrative Hearings. In an opinion issued on October 13,
3051999, 1/ the Third District Court of Appeal wrote:
314Magalis Aguilera, a graduate of a
320psychology doctoral program at a non-
326accredited school, appeals a final order
332denying her application to the Department of
339Health, Board of Psychology ("the board")
347for licensure by examination and provisional
353licensure pursuant to §§ 490.005, .0051,
359Florida Statutes (1997). At the outset of
366the non-evidentiary administrative hearing,
370the board specifically advised Aguilera, who
376appeared before the board pro se, that if
384any material issues of fact arose during the
392course of the proceedings, the hearing would
399have to be terminated and referred to a
407hearing officer at the Department [sic] of
414Administrative Hearings ("DOAH"). The issue
421at the hearing below was whether the
428doctoral degree received by Aguilera was
434comparable to a doctoral degree from an
441accredited school program. Because we
446conclude that this issue was a mixed
453question of fact and law, we hold that the
462board erred in not submitting this matter to
470a hearing officer at DOAH, as it had
478indicated that it would.
482We, therefore, reverse the final order
488under review and remand with instructions
494that this matter be submitted to a hearing
502officer at DOAH.
505Consistent with the foregoing opinion, on October 25, 1999,
514this matter was referred to the Division of Administrative
523Hearings. By means of a Notice of Hearing issued on November 9,
5351999, the case was scheduled for final hearing on February 8,
5462000.
547Shortly before the scheduled hearing date, the parties both
556waived their right to an evidentiary hearing and agreed that
566this case would be submitted to the administrative law judge for
577preparation of a Recommended Order on the basis of a stipulated
588record. 2/ A deadline was established for the filing of
598proposed recommended orders, and on February 16, 2000, both
607parties timely filed proposed recommended orders containing
614proposed findings of fact and conclusions of law. 3/ The
624parties' proposals have been carefully considered during the
632preparation of this Recommended Order.
637FINDINGS OF FACT
6401. In 1987, the Petitioner earned a doctorate degree in
650Psychology, the Psy.D. degree, from the Caribbean Center for
659Advanced Studies in San Juan, Puerto Rico. The psychology
668program at the Caribbean Center for Advanced Studies was not
678accredited by the American Psychological Association (APA)
685during the time the Petitioner participated in that program. 4/
6952. At all times material to this case, the APA has been
707the only credentialing agency for psychology programs recognized
715by the United States Department of Education.
7223. The Petitioner filed applications for provisional
729licensure and for licensure by examination with the Board of
739Psychology on February 23, 1998, and on March 19, 1998,
749respectively. On August 7, 1998, and on August 12, 1998,
759respectively, the Board of Psychology issued and served notices
768of intention to deny the Petitioner's applications for
776provisional licensure and for licensure by examination.
7834. The Board notice issued on August 7, 1998, read as
794follows, in pertinent part:
798Notice is hereby provided that the Board
805of Psychology (Board) intends to DENY the
812application for provisional licensure.
816The Board reviewed and considered the
822application for licensure at the regularly
828scheduled Board meeting held on June 28,
8351998, in Key West, Florida, and has
842determined that it be DENIED. As grounds
849therefore, the Board states that the
855applicant failed to demonstrate that her
861degree was augmented in or obtained from a
869program comparable to a program accredited
875by the American Psychological Association
880(APA).
881Rule 64B19-11.0035 of the Florida
886Administrative Code requires an original,
891signed letter, on official letterhead sent
897directly to the Board from the director of
905an APA accredited doctoral psychology
910program that confirms the comparability of
916the applicant's program to an APA accredited
923program. The letter must enumerate the
929exact documents that were reviewed in
935determining comparability. While the letter
940submitted on behalf of the applicant
946indicates that academic records were
951reviewed, the exact documents are not
957disclosed. Additionally, according to the
962application transcripts, the applicant had
967insufficient coursework in the field of
973Psychology to have earned a degree
979comparable to a degree from an APA
986accredited program. The institution she
991attended awarded the applicant a minimum of
99818 transfer credits for courses taken in the
1006filed of Social Work.
1010WHEREFORE, the Board voted to deny the
1017application.
10185. The Board notice issued on August 12, 1998, advised the
1029Petitioner of the Board's intention to deny her application for
1039licensure by examination for reasons identical to those quoted
1048above.
10496. The Petitioner requested, and was granted, an informal
1058hearing before the Board of Psychology on both of her
1068applications. Following an informal hearing (which the
1075Petitioner attended without benefit of legal counsel), the Board
1084of Psychology issued a Final Order denying both of the
1094Petitioner's applications. That Final Order (which has since
1102been reversed) 5/ read as follows, in pertinent part:
1111THIS MATTER came before the Board of
1118Psychology (Board) for final action pursuant
1124to section 120.569, and subsection
1129120.57(2), Florida Statutes, at a duly-
1135noticed public meeting of the Board on
1142December 4, 1998, in Orlando, Florida, for
1149the purpose of a hearing not involving
1156disputed issues of material fact based on
1163the Board's Notice of Intention to Deny
1170Application for Licensure by Examination and
1176Notice of Intention to Deny Application for
1183Provisional Licensure, copies of which are
1189attached to and made a part of this Final
1198Order, as Exhibits A and B. Applicant
1205Magalis Aguilera participated in the hearing
1211before the Board.
1214After a complete review of this matter,
1221including the evidence presented by
1226Applicant, the Board made the following
1232findings of fact and conclusions of law:
1239FINDINGS OF FACT
12421. Applicant, Magalis Aguilera obtained
1247an advanced degree in psychology in 1987
1254from the Caribbean Center for Advanced
1260Studies. The program she attended was not
1267accredited by the American Psychological
1272Association (APA).
12742. Pursuant to section 490.004, Florida
1280Statutes, Dr. Aguilera applied for a
1286provisional license and for licensure by
1292examination by contending that the
1297educational program that she attended was
1303comparable to an APA-approved program.
13083. Applicant obtained a letter dated
1314September 1, 1998, from the Director of the
1322Psy.D Program at the Caribbean Center for
1329Advanced Studies, which asserted that the
1335Applicant's program was comparable to an APA
1342accredited program. The letter indicated
1347that certain documents were reviewed to
1353determine comparability including the
1357official transcript at the Registrar's
1362office.
13634. Applicant's transcript reveals that
1368the program from which she graduated awarded
1375Applicant a minimum of 18 transfer credits
1382for courses taken in the field of Social
1390Work.
13915. The September 1, 1998, letter from the
1399Director of an accredited APA program is
1406inaccurate with regard to the Applicant
1412because APA-approved programs do not award a
1419significant amount of transfer credit for
1425courses taken outside of the field of
1432psychology.
1433CONCLUSIONS OF LAW
14366. To be licensed as a psychologist by
1444examination or to obtain a provisional
1450license, an applicant must submit proof
1456satisfactory to the Board that the applicant
1463has graduated with a doctoral-level
1468psychological education from an APA-
1473accredited program or from a program
1479comparable to such a program. §§490.003 and
1486490.005(1)(b), Fla. Stat.
14897. The transcript establishes that the
1495program Applicant attended was not
1500comparable and, therefore, Applicant did not
1506satisfy the criteria for licensure as a
1513psychologist in Florida.
1516WHEREFORE,
1517IT IS HEREBY ORDERED AND ADJUDGED that,
1524based on the foregoing, the applications of
1531Magalis Aguilera for licensure by
1536examination and for provisional licensure
1541are DENIED.
15437. As mentioned in the text of the Final Order quoted
1554above, the Board of Psychology had before it, and considered, a
1565letter dated September 1, 1998, from the Director of an APA-
1576accredited program. That letter was not available to the Board
1586at the time it issued its earlier notices of intent to deny the
1599Petitioner's applications.
16018. The psychology program from which the Petitioner
1609received her doctoral degree allowed her to transfer at least
161918 hours of credits she had earned in a master's program in
1631Social Work at the University of Puerto Rico. This transfer of
1642credits has no bearing on the comparability of the psychology
1652program from which the Petitioner graduated to APA-accredited
1660psychology programs in existence at that time. The extent to
1670which a program does or does not accept transfer credits is not
1682listed as an accreditation criterion in the APA's Criteria for
1692Accreditation of Doctoral Training Programs and Internships in
1700Professional Psychology, nor is such a criterion described in
1709Rule 64B19-11.0035, Florida Administrative Code. The acceptance
1716of transfer credits is generally a matter of program discretion,
1726which can appropriately vary substantially between APA-
1733accredited programs. Further, the courses for which transfer
1741credits were granted to the Petitioner are all in a closely
1752related field and are comparable to courses that could be, and
1763often are, taught in APA-accredited programs. For example,
1771courses in alcoholism, dynamic social functioning, social work
1779with individual families and small groups, are all likely to
1789have comparable doctoral level psychology courses in many APA-
1798accredited programs. In this regard it is noted that at
1808subparagraph (f) on page 8 of the APA accreditation document
1818there is a provision reading:
1823Students, based on their needs and
1829individual interests, should have access to
1835appropriate instruction in related fields
1840such as anthropology, biology, genetics,
1845neuroscience, sociology, and other
1849behavioral and social sciences.
1853Such being the case, the acceptance of transfer credits from a
1864master's program in Social Work would appear to be consistent
1874with the APA's accreditation philosophy. 6/
18809. Although the Psy.D. program at the Caribbean Center for
1890Advanced Studies in San Juan, Puerto Rico, was not accredited by
1901the APA at the time the Petitioner received her doctoral degree,
1912it was comparable to APA-accredited programs in existence at
1921that time. The educational and training philosophy of the
1930program from which the Petitioner graduated accomplished the six
1939professional core competencies established by the APA within the
1948Practitioner Model. The academic program provided and
1955implemented a coherent curriculum plan with a course content in
1965the areas of curriculum specified by APA standards. Clinical
1974training at the program from which the Petitioner graduated
1983enabled students to perform professional duties related to the
1992core competencies consistent with the standards for professional
2000psychology programs. 7/
2003CONCLUSIONS OF LAW
200610. The Division of Administrative Hearings has
2013jurisdiction over the parties to and the subject matter of this
2024proceeding. Section 120.57(1), Florida Statutes; Aguilera v.
2031Board of Psychology , 743 So. 2d 1153 (Fla. 3d DCA 1999).
204211. Statutory provisions regulating the procedure to be
2050followed in cases involving applications for licenses include
2058Section 120.60(3), Florida Statutes, which reads as follows:
2066(3) Each applicant shall be given written
2073notice either personally or by mail that the
2081agency intends to grant or deny, or has
2089granted or denied, the application for
2095license. The notice must state with
2101particularity the grounds or basis for the
2108issuance or denial of the license, except
2115when issuance is a ministerial act. Unless
2122waived, a copy of the notice shall be
2130delivered or mailed to each party's attorney
2137of record and to each person who has
2145requested notice of agency action. Each
2151notice shall inform the recipient of the
2158basis for the agency decision, shall inform
2165the recipient of any administrative hearing
2171pursuant to ss. 120.569 and 120.57 or
2178judicial review pursuant to s. 120.68 which
2185may be available, shall indicate the
2191procedure which must be followed, and shall
2198state the applicable time limits. The
2204issuing agency shall certify the date the
2211notice was mailed or delivered, and the
2218notice and the certification shall be filed
2225with the agency clerk.
222912. With regard to provisional licensure to practice
2237psychology, Section 490.0051, Florida Statutes, reads as
2244follows:
2245490.0051 Provisional licensure;
2248requirements.
2249(1) The department shall issue a
2255provisional psychology license to each
2260applicant who the board certifies has:
2266(a) Completed the application form and
2272remitted a nonrefundable application fee not
2278to exceed $250, as set by board rule.
2286(b) Earned a doctoral degree in
2292psychology as defined in s. 490.003(3).
2298(c) Met any additional requirements
2303established by board rule.
2307(2) A provisional licensee must work
2313under the supervision of a licensed
2319psychologist until the provisional licensee
2324is in receipt of a license or a letter from
2334the department stating that he or she is
2342licensed as a psychologist.
2346(3) A provisional license expires 24
2352months after the date it is issued and may
2361not be renewed or reissued.
236613. With regard to licensure by examination to practice
2375psychology, Section 490.005, Florida Statutes, provides, in
2382pertinent part:
2384490.005 Licensure by examination.
2388(1) Any person desiring to be licensed as
2396a psychologist shall apply to the department
2403to take the licensure examination. The
2409department shall license each applicant who
2415the board certifies has:
2419* * *
2422(b) Submitted proof satisfactory to the
2428board that the applicant has:
2433* * *
24364. Received and submitted to the board,
2443prior to August 31, 2001, certification of a
2451doctoral-level program that at the time the
2458applicant was enrolled and graduated
2463maintained a standard of education and
2469training comparable to the standard of
2475training of programs accredited by a
2481programmatic agency recognized and approved
2486by the United States Department of
2492Education. Such certification of
2496comparability shall be provided by the
2502program director of a doctoral-level
2507psychology program accredited by a
2512programmatic agency recognized and approved
2517by the United States Department of
2523Education.
252414. Statutory definitions which must be considered in
2532order to understand and apply the statutory provisions quoted
2541above are found at Section 490.003, Florida Statutes, which
2550includes the following:
2553490.003 Definitions. As used in this
2559chapter:
2560(1) "Board" means the Board of
2566Psychology.
2567(2) "Department" means the Department of
2573Health.
2574(3)(a) Prior to July 1, 1999, "doctoral-
2581level psychological education" and "doctoral
2586degree in psychology" mean a Psy.D., an
2593Ed.D. in psychology, or a Ph.D. in
2600psychology from:
26021. An educational institution which, at
2608the time the applicant was enrolled and
2615graduated, had institutional accreditation
2619from an agency recognized and approved by
2626the United States Department of Education or
2633was recognized as a member in good standing
2641with the Association of Universities and
2647Colleges of Canada; and
26512. A psychology program within that
2657educational institution which, at the time
2663the applicant was enrolled and graduated,
2669had programmatic accreditation from an
2674accrediting agency recognized and approved
2679by the United States Department of Education
2686or was comparable to such programs.
2692(b) Effective July 1, 1999, "doctoral-
2698level psychological education" and "doctoral
2703degree in psychology" mean a Psy.D., an
2710Ed.D. in psychology, or a Ph.D. in
2717psychology from:
27191. An educational institution which, at
2725the time the applicant was enrolled and
2732graduated, had institutional accreditation
2736from an agency recognized and approved by
2743the United States Department of Education or
2750was recognized as a member in good standing
2758with the Association of Universities and
2764Colleges of Canada; and
27682. A psychology program within that
2774educational institution which, at the time
2780the applicant was enrolled and graduated,
2786had programmatic accreditation from an
2791agency recognized and approved by the United
2798States Department of Education.
280215. Rule provisions which bear on the issues in this case
2813include Rule 64B19-11.003, Florida Administrative Code, which
2820provides:
2821(1) To show eligibility for examination,
2827an applicant must prove possession of either
2834a Psy.D., a Ph.D. in psychology or an Ed.D.
2843in psychology. No other academic degrees
2849will be considered, and the applicant will
2856be denied outright, regardless of the
2862program from which the applicant graduated,
2868if proof of such degree is lacking.
2875(2) An applicant who meets the
2881requirements of (1) must also prove that the
2889degree was obtained from a psychology
2895program which, at the time when the
2902applicant was enrolled in it and at the time
2911when the applicant graduated from it, was
2918either:
2919(a) approved and accredited by the
2925American Psychological Association; or
2929(b) comparable to a program approved and
2936accredited by the American Psychological
2941Association at the same time.
2946(3) Alternatively, an applicant who meets
2952the requirements of (1) may augment his or
2960her education by complying with Section
2966490.005(3), F.S., and, thereby, certify for
2972examination by submitting proof of such
2978augmentation.
2979(4) To prove comparability or
2984augmentation, an applicant must cause a
2990letter to be submitted directly to the Board
2998office from the director of a doctoral
3005program currently approved and accredited by
3011the American Psychological Association. The
3016letter must have the original signature of
3023the director and it must be written on the
3032letterhead of the doctoral program which is
3039approved and accredited by the American
3045Psychological Association. The letter must
3050state unequivocally that the program from
3056which the applicant received the Psy.D., the
3063Ph.D. in psychology or the Ed.D. in
3070psychology was comparable to a program
3076accredited and approved by the American
3082Psychological Association at the same time.
3088The letter shall enumerate the exact
3094documents that were reviewed in determining
3100comparability or augmentation.
3103Alternatively, the letter must state
3108unequivocally that the applicant's education
3113has been augmented to the standards of an
3121education currently received at a program
3127accredited and approved by the American
3133Psychological Association.
3135(5) For the purpose of this rule, an
3143applicant "was enrolled" if the applicant's
3149entry into the program took place within
3156seven (7) years prior to the applicant's
3163date of graduation.
316616. The following portions of Rule 64B19-11.0035, Florida
3174Administrative Code, also bear on the issues in this case:
3184(4) The following proof is satisfactory to
3191the Board for the purpose of showing that
3199the applicant's degree obtained outside of
3205the United States or Canada was equivalent
3212to a Ph.D. in psychology, a Psy.D., or an
3221Ed.D. in psychology and was obtained from a
3229program equivalent to a program accredited
3235by a programmatic accrediting agency
3240recognized and approved by the U.S.
3246Department of Education: an original, signed
3252letter on official letterhead confirming
3257same and sent directly to the Board from the
3266director of a doctoral psychology program
3272accredited by the accrediting agency
3277recognized and approved by the United States
3284Department of Education. The letter shall
3290enumerate the exact documents that were
3296reviewed in determining comparability or
3301augmentation. The Board shall also require
3307the validation of degree and internship
3313equivalence performed by a credentials'
3318evaluation service acceptable to the Board.
3324(5) For a section 490.005(1)(b)4.
3329applicant only, the Board will apply the
3336following criteria to determine whether an
3342applicant's doctoral program was a program
3348which maintained a standard of training
3354comparable or substantially equivalent to
3359the standard of training of programs
3365accredited by the accrediting agency
3370recognized and
3372approved by the United States Department of
3379Education:
3380* * *
3383(g) The doctoral program must require a
3390minimum of three academic years of full-time
3397graduate study, defined as at least 18
3404credit hours per year, at least two academic
3412years of which must be at a single
3420institution, and one year of which must be
3428in full-time residence at the institution
3434from which the doctoral degree is granted. .
3442. .
344417. With regard to the Petitioner's application for a
3453provisional license to practice psychology, it is first noted
3462that there has been a change in the applicable statutes since
3473the date of the Petitioner's application for a provisional
3482license. Prior to July 1, 1999, a provisional license could be
3493issued to a graduate with an appropriate degree from a
3503psychology program that was "comparable to" a psychology program
3512that had "programmatic accreditation from an accrediting agency
3520recognized and approved by the United States Department of
3529Education." After July 1, 1999, the issuance of provisional
3538licenses is authorized only to those who graduated from a
3548psychological program that was accredited at the time the
3557graduate participated in the program. Sections 490.0051(1)(b)
3564and 490.003(3), Florida Statutes. The psychology program from
3572which the Petitioner graduated was not accredited at the time
3582the Petitioner participated in the program. Accordingly, the
3590Petitioner is not eligible for a provisional license under the
3600current statutory provisions. The Petitioner argues that her
3608application for a provisional license should be decided on the
3618basis of the law in effect at the time of her application,
3630rather than on the basis of the current law. The argument fails
3642because it appears to be well-settled that "Florida follows the
3652general rule that a change in a licensure statute that occurs
3663during the pendency of an application for licensure is operative
3673as to the application, so that the law as changed, rather than
3685as it existed at the time the application was filed, determines
3696whether the license should be granted." Lavernia v. Department
3705of Professional Regulation, Board of Medicine , 616 So. 2d 53
3715(Fla. 1st DCA 1993); and Agency for Health Care Administration
3725v. Mount Sinai Medical Center of Greater Miami , 690 So. 2d 689
3737(Fla. 1st DCA 1997). Accordingly, the Petitioner's application
3745for a provisional license must be denied.
375218. Turning now to the Petitioner's application for
3760licensure by examination, it is first noted that Section
3769490.005(1)(b)4, Florida Statutes, allows for licensure by
3776examination of, among others, those who graduated from an
3785unaccredited psychology program that was "comparable to"
3792accredited psychology programs at the time the applicant
3800participated in the unaccredited program. The Respondent's
3807arguments in this case seem to be predicated on an
3817interpretation of Section 490.005(1)(b)4, Florida Statutes, that
3824treats the word "comparable" as meaning "the same as." Such an
3835interpretation is more narrow than the plain and ordinary
3844meaning of the word "comparable." And it is well-settled in
3854this state that, in the normal course of events, the words in a
3867statute should be given their plain and ordinary meaning. Harper
3877v. State , 217 So. 2d 591 (Fla. 4th DCA 1969). As noted as long
3891ago as Gaulden v. Kirk , 47 So. 2d 567 (Fla. 1950), at page 574:
3905Courts should always give words in the
3912statutes and constitutional provisions the
3917meaning accorded them in common usage unless
3924a different connotation is expressed in or
3931necessarily implied from the context of the
3938statute or constitutional provision in which
3944they appear.
394619. Courts often turn to the dictionary to ascertain the
3956meaning of words used in statutes. The American Heritage
3965Dictionary of the English Language (1973), at page 270, defines
3975the word "comparable" as: "1. Able to be compared; having
3985traits or qualities in common; similar or equivalent. 2. Worthy
3995of comparison." Further meaning is gleaned by consideration of
4004the definition at page 271 of the word "compare," which includes
4015the following: "To represent as similar, equal, or analogous."
4024From the dictionary definitions it is clear that, while things
4034that are "equal" are "comparable," things that fall short of
4044being "equal," but that are shown to be "similar," or
"4054equivalent," or "analogous," are also "comparable" to the thing
4063with which they are "similar," or "equivalent," or "analogous."
40728/ Thus, the inquiry in this case is not whether the psychology
4084program from which the Petitioner graduated was the same as,
4094equal to, or identical to, accredited psychology programs at
4103that time. The appropriate inquiry here is whether the
4112psychology program from which the Petitioner graduated was
4120similar to, equivalent to, or analogous to, accredited
4128psychology programs at that time.
413320. The greater weight of the evidence in this case is to
4145the effect that the psychology program from which the Petitioner
4155received her degree was at least similar to and equivalent to
4166APA-accredited programs at that time. Accordingly, the
4173Petitioner is eligible for licensure by examination and must be
4183allowed to take the examination.
418821. The Respondent argues that the Petitioner's
4195application for licensure should be denied for several
4203additional reasons. Those additional reasons do not warrant
4211further discussion here, because denial of licensure on any of
4221the additional reasons is barred by both Section 120.60(3),
4230Florida Statutes, (quoted in paragraph 11, above) and by
4239fundamental notions of due process and fair play. The statute
4249requires notice to the applicant which "must state with
4258particularity the grounds or basis for issuance or denial of the
4269license." Fundamental notions of due process and fair play
4278preclude an agency from requiring an applicant to litigate
4287issues which have not previously been identified as a basis for
4298the agency's denial.
4301RECOMMENDATION
4302Based on all of the foregoing, it is RECOMMENDED that the
4313Board issue a final order in this case denying the Petitioner's
4324application for a provisional license, and granting the
4332Petitioner's application to take the licensure examination.
4339DONE AND ENTERED this 16th day of June, 2000, in
4349Tallahassee, Leon County, Florida.
4353___________________________________
4354MICHAEL M. PARRISH
4357Administrative Law Judge
4360Division of Administrative Hearings
4364The DeSoto Building
43671230 Apalachee Parkway
4370Tallahassee, Florida 32399-3060
4373(850) 488-9675 SUNCOM 278-9675
4377Fax Filing (850) 921-6847
4381www.doah.state.fl.us
4382Filed with the Clerk of the
4388Division of Administrative Hearings
4392this 16th day of June, 2000.
4398ENDNOTES
43991/ Aguilera v. Board of Psychology , 743 So. 2d 1153 (Fla. 3d DCA
44121999).
44132/ The contents of the stipulated record are itemized in the
4424parties' Stipulated Record Document List filed on January 31,
44332000.
44343/ On February 16, 2000, the Petitioner also filed a separate
4445document titled Petitioner's Argument. That document has been
4453treated as part of the Petitioner's Proposed Recommended Order.
44624/ The psychology program at the Caribbean Center for Advanced
4472Studies is presently accredited by the American Psychological
4480Association.
44815/ The text of the appellate court opinion reversing the Board's
4492Final Order is included in the Preliminary Statement in this
4502Recommended Order.
45046/ The findings of fact in this paragraph are derived in large
4516part from the evidence presented by Dr. Altieri, an expert
4526witness on behalf of the Petitioner. Dr. Bauer, an expert
4536witness on behalf of the Board, agrees that there is nothing in
4548the APA accreditation criteria that specifically addresses
4555transfer of credits. (Pages 66-67 of Bauer deposition.)
45637/ Again, the findings of fact in this paragraph are derived in
4575large part from the evidence presented by Dr. Altieri, an expert
4586witness on behalf of the Petitioner.
45928/ The Board's expert witness agrees with this interpretation of
4602the word "comparable." At page 21 of his testimony, he
4612acknowledges his "understanding that a program does not have to
4622be identical to an APA-accredited program, but that it must be
4633similar or of similar quality."
4638COPIES FURNISHED:
4640Donna Erlich, Esquire
4643Office of the Attorney General
4648Administrative Law Section
4651The Capitol, Plaza Level 01
4656Tallahassee, Florida 32399-1050
4659Howard J. Hockman, Esquire
4663Offices at Pinecrest, Suite 210
46687695 Southwest 104th Street
4672Miami, Florida 33156
4675Dr. Kaye Howerton, Executive Director
4680Board of Psychology
4683Department of Health
46861940 North Monroe Street
4690Tallahassee, Florida 32399-0750
4693William Large, General Counsel
4697Department of Health
4700Bin A02
470220020 Capital Circle, Southeast
4706Tallahassee, Florida 32399-1701
4709Angela T. Hall, Agency Clerk
4714Department of Health
4717Bin A02
47192020 Capital Circle, Southeast
4723Tallahassee, Florida 32399-1703
4726NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
4732All parties have the right to submit written exceptions within
474215 days from the date of this Recommended Order. Any exceptions
4753to this Recommended Order should be filed with the agency that
4764will issue the Final Order in this case.
- Date
- Proceedings
- PDF:
- Date: 06/16/2000
- Proceedings: Recommended Order sent out. CASE CLOSED. The Recommended Order was based on a stipulated record, without an evidentiary hearing.
- Date: 02/25/2000
- Proceedings: Letter to MMP from H. Hochman Re: Inadvertently neglected to enclosed a two page opinion in the Petitioner`s Proposed Recommended Order and Argument (filed via facsimile).
- Date: 02/16/2000
- Proceedings: Respondent`s Proposed Recommended Order filed.
- Date: 02/16/2000
- Proceedings: Petitioner`s Proposed Findings of Fact, Conclusions of Law and Recommended Final Order; Petitioner`s Argument filed.
- Date: 01/31/2000
- Proceedings: (D. Erlich) Stipulated Record Document List w/exhibits filed.
- Date: 01/26/2000
- Proceedings: Order sent out. (deadline for filing parties proposed recommended orders will be 2/16/00)
- Date: 01/25/2000
- Proceedings: (H. Hochman, D. Elrlich) Stipulation for Waiver of Appearance (filed via facsimile).
- Date: 01/13/2000
- Proceedings: Respondent`s Notice of Taking Deposition (filed via facsimile).
- Date: 01/13/2000
- Proceedings: Joint Motion to Proceed Without Scheduled Hearing (filed via facsimile).
- Date: 01/07/2000
- Proceedings: Notice of Filing Resondent`s Answers to Petitioner`s Second Set of Interrogatories (filed via facsimile).
- Date: 01/05/2000
- Proceedings: Order sent out. (motion in limine denied)
- Date: 12/23/1999
- Proceedings: Notice of Service of Petitioner`s Second Set of Interrogatories filed.
- Date: 12/13/1999
- Proceedings: Petitioner`s Second Request for Production filed.
- Date: 12/01/1999
- Proceedings: Respondent`s Opposition to Petitioner`s Motion in Limine (filed via facsimile).
- Date: 12/01/1999
- Proceedings: (Petitioner) Motion in Limine filed.
- Date: 12/01/1999
- Proceedings: Notice of Filing Respondent`s Answers to Petitioner`s Interrogatories and First Request for Production (filed via facsimile).
- Date: 11/09/1999
- Proceedings: Notice of Hearing sent out. (hearing set for February 8, 2000; 8:45 a.m.; Miami, FL)
- Date: 11/08/1999
- Proceedings: (H. Hochman) Amended Notice of Service of Interrogatories filed.
- Date: 11/03/1999
- Proceedings: Petitioner`s First Request for Production; Notice of Service of Interrogatories filed.
- Date: 11/02/1999
- Proceedings: (Respondent) Notice of Filing; Petition for Hearing (filed via facsimile).
- Date: 11/02/1999
- Proceedings: Joint Response to Initial Order filed.
- Date: 10/27/1999
- Proceedings: Initial Order issued.
- Date: 10/25/1999
- Proceedings: (3rd DCA) Opinion filed.
- Date: 10/25/1999
- Proceedings: Referral for Hearing; Final Order; Notice of Intention to Deny Application for Licensure by Examination; Notice of Intention to Deny Application for Provisional Licensure filed.