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Home / Complaints / Final Orders / Final Orders 2014 / FCHR Order No. 14-011

FCHR Order No. 14-011

Date of Release: 04/16/2014

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

DEBORAH Y. TURNER

EEOC Case No.

15D201300306

Petitioner

FCHR Case No.

2013-00750

v.

DOAH Case No.

13-3874

LP ORMOND BEACH, LLC d/b/a

SIGNATURE HEALTH CARE

FCHR Order No. 14-011

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 January 30, 2014, issued in the above-styled matter by Administrative Law Judge Lawrence P. Stevenson.

Findings of Fact and Conclusions of Law

The Recommended Order reflects that it was sent to Petitioner at 1049 Brentwood Drive, Apt. 402, Daytona Beach, FL 32117. Respondentís Proposed Recommended Order, filed with the Division of Administrative Hearings on December 5, 2013, prior to the issuance of the Recommended Order, states that Petitioner has relocated and that Petitionerís address is 1717 Mason Avenue, Apt. 1210, Daytona Beach, FL 32117. 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 Respondentís Proposed Recommended Order, starting anew Petitionerís time for filing exceptions. Accord, Bivins v. West Florida Hospital, FCHR Order No. 12-063 (November 16, 2012), 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

FCHR Order No. 14-011

Page 2

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.)

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_____April_ __, 2014.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Tony Jenkins; and

Commissioner Rebecca Steele

Filed this __16th__day of_____April_ __, 2014,

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:

Deborah Y. Turner

1717 Mason Avenue, Apt. 1210

Daytona Beach, Florida, 32117

LP Ormond Beach, LLC d/b/a Signature Health Care

c/o Jessica Rose Sievert, Esq.

c/o Mark Warfield Peters, Esq.

Waller, Lansden, Dortch, & Davis, LLP

511 Union Street, Suite 2700

Nashville, TN 37219

FCHR Order No. 14-011

Page 3

Lawrence P. Stevenson, 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 addresses this __16th__day of _____April_ __, 2014.

By:_________/s/______________

Clerk of the Commission

Florida Commission on Human Relations