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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-041

FCHR Order No. 10-041

Date of Release: 04/27/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

LUIS BERMUDEZ

HUD Case No. 04-09-1337-8

Petitioner

 

v.

FCHR Case No. 2010H0021

   

LAKE COUNTY HOUSING AUTHORITY,

DOAH Case No. 09-6224

Respondent

FCHR Order No. 10-041

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order, dated March 1, 2010, issued in the above-styled matter by Administrative Law Judge R. Bruce McKibben.

Findings of Fact and Conclusions of Law

Judge McKibben’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Specifically, Judge McKibben concluded that by failing to appear Petitioner did not meet his burden of proof in this matter, and recommended the Commission enter a final order dismissing Petitioner’s complaint.

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., Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), 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 of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

FCHR Order No. 10-041

Page 2

Dismissal

The Petition for Relief and Housing Discrimination Complaint 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 April , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Lizzette Gamero; and

Commissioner Patty Ball Thomas

Filed this 27th day of April , 2010,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Luis Bermudez

7637 Dive Cote Drive

Orlando, FL 32818

Luis Bermudez

7637 Dove Cote Drive

Orlando, FL 32818

FCHR Order No. 10-041

Page 3

Lake County Housing Authority

c/o Susan Rissman Taitt, Esq.

Post Office Box 7800

Tavares, FL 32778

R. Bruce McKibben, 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 April , 2010.

By:

Clerk of the Commission

Florida Commission on Human Relations