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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-009

FCHR Order No. 09-009

Date of Release: 01/27/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

KENNETH K. SCOTT

EEOC Case No. 15D200800599

Petitioner

 

v.

FCHR Case No. 2008-01575

   

TWO MEN AND A TRUCK

DOAH Case No. 08-4561

Respondent

FCHR Order No. 09-009

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order, dated November 14, 2008, issued in the above-styled matter by Administrative Law Judge Harry L. Hooper.

Findings of Fact and Conclusions of Law

Judge Hooper’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Consequently, Judge Hooper recommended the Commission issue a final order dismissing the case.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We adopt the Administrative Law Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his burden of proof.

Exceptions

Neither party filed exceptions to the Administrative Law Judge’s Recommended Order.

FCHR Order No. 09-009

Page 2

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 27th day of January , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Patty Ball Thomas

Filed this 27th day of January , 2009,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

NOTICE TO COMPLAINANT / PETITIONER

As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action. To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

FCHR Order No. 09-009

Page 3

Copies furnished to:

Kenneth K. Scott

8342 Gardenia Circle, No. 4

Pensacola, FL 32534

Two Men and a Truck

c/o Brent Cutlip

379 West Michigan Street, Suite 200

Orlando, FL 32806

Two Men and a Truck

c/o Brent Cutlip

7280 Plantation Road, No. 1

Pensacola, FL 32504

Harry L. Hooper, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 27th day of January , 2009.

By:

Clerk of the Commission

Florida Commission on Human Relations