Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:

Right menu

Left menu


Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-063

FCHR Order No. 12-063

Date of Release: 11/16/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

RACHEL LYNN BIVINS

 

EEOC Case No. 425201100282

Petitioner

 

FCHR Case No. 2011-00755

   

DOAH Case No. 11-4540

v.

 

FCHR Order No. 12-063

     

WEST FLORIDA HOSPITAL

   

Respondent

   

ORDER REMANDING CASE TO ADMINISTRATIVE LAW JUDGE

FOR RE-ISSUANCE OF RECOMMENDED ORDER

This matter is before the Commission for consideration of the Recommended Order, dated September 18, 2012, issued in the above-styled matter by Administrative Law Judge James H. Peterson, III.

Findings of Fact and Conclusions of Law

The Recommended Order reflects that it was sent to Petitioner at 4344 Langley Avenue, Apartment 121-D, Pensacola, FL 32504. Petitionerís Proposed Recommended Order, filed with the Division of Administrative Hearings on August 13, 2012, prior to the issuance of the Recommended Order, states that Petitioner has relocated and that Petitionerís address is 11237 Genova Terrace, Hampton, GA 30228. We are concerned that Petitioner 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 Administrative Law Judge for the re-issuance of the Recommended Order, using the address for Petitioner set out in Petitionerís Proposed Recommended Order, starting anew Petitionerís time for filing exceptions. Accord, Jackson v. Dollar General Corporation, FCHR Order No. 09-022 (March 6, 2009), 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. 12-063

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 Administrative Law Judge for the re-issuance of the Recommended Order, as indicated above.

DONE AND ORDERED this 16th day of November , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner James Johns

Filed this 16th day of November , 2012,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Rachel Lynn Bivins

11237 Genova Terrace

Hampton, GA 30228

West Florida Hospital

c/o Tomas M. Findley, Esq.

Messer, Caparello & Self, P.A.

Post Office Box 15579

Tallahassee, FL 32317

FCHR Order No. 12-063

Page 3

James H. Peterson, III, 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 16th day of November , 2012.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations