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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-022

FCHR Order No. 09-022

Date of Release: 03/17/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

SHIRLEY JACKSON

EEOC Case No. 15D200800155

Petitioner

 

v.

FCHR Case No. 2007-02613

   

DOLLAR GENERAL CORPORATION

DOAH Case No. 08-2570

Respondent

FCHR Order No. 09-022

   

ORDER REMANDING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order, dated January 9, 2009, issued in the above-styled matter by Administrative Law Judge Diane Cleavinger.

Findings of Fact and Conclusions of Law

We note that the record reflects that the address of Petitionerís counsel is 2211 Thomas Drive, Suite 100, Panama City Beach, FL 32408. The Recommended Order reflects that it was sent to Petitionerís counsel at the address of 221 Thomas Drive, [no suite number] , Panama City Beach, FL 32408 [emphasis added]. We are concerned that Petitionerís counsel may not have received a copy of the Recommended Order, thereby impacting Petitionerís ability to file exceptions to the Recommended Order should Petitioner desire to do so.

Consequently, we remand the matter to the Division of Administrative Hearings for the re-issuance of the Recommended Order, using the correct address for Petitionerís counsel, starting anew Petitionerís time for filing exceptions. Accord, Van Sandt-Fuller v. Coastal Cosmetic Center, Inc., FCHR Order No. 06-051 (May 24, 2006), and Francis v. Department of Juvenile Justice, FCHR Order No. 06-094 (November 13, 2006). (We note that in both Van Sandt-Fuller and Francis, supra, which were remanded to the respective Administrative Law Judges for the same reason as this case, the Administrative Law Judges, upon reviewing the computer mail-out system of the Division of Administrative Hearings, subsequently found that the Recommended Orders had been mailed to the correct addresses and that the addresses on the Recommended Orders were typographical errors. The Administrative Law Judges consequently declined the Commissionís remand of the cases. See, for Van Sandt-Fuller, ďOrder Declining RemandĒ in DOAH Case 05-4057, dated June 5, 2006, and for Francis, ďOrder Declining RemandĒ in DOAH Case 05-2958, dated November 20, 2006.)

FCHR Order No. 09-022

Page 2

Exceptions

Neither party filed exceptions to the Administrative Law Judgeís Recommended Order.

Remand

The Petition for Relief and Complaint of Discrimination are REMANDED to the Division of Administrative Hearings for the re-issuance of the Recommended Order, as indicated above.

DONE AND ORDERED this 6th day of March , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Anice R. Prosser, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Mario M. Valle

Filed this 6th day of March , 2009,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Shirley Jackson

c/o Jean Marie Downing, Esq.

Downing Law Offices, P.A.

2211 Thomas Drive, Suite 100

Panama City Beach, FL 32408

Dollar General Corporation

c/o Alva L. Cross, Esq.

Fisher & Phillips LLP

401 East Jackson Street, Suite 2300

Tampa, FL 33602

FCHR Order No. 09-022

Page 3

Diane Cleavinger, 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 6th day of March , 2009.

By:

Clerk of the Commission

Florida Commission on Human Relations