26-002065•Recommended Order — 26-002065
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JORGE CASTELLANOS, Petitioner, vs. MIAMI-DADE COUNTY PROPERTY APPRAISER, Respondent. / Case No. 26-2065 RECOMMENDED ORDER Pursuant to notice, a formal administrative hearing was conducted by Zoom conference on September 9, 2026, before Administrative Law Judge June C. McKinney of the Division of Administrative Hearings (“DOAH”). APPEARANCES For Petitioner: Jason S. Remer, Esquire Remer, Georges-Pierre & Hoogerwoerd, PLLC 2745 Ponce De Leon Boulevard Coral Gables, Florida 33134 For Respondent: Leona Nicole McFarlane, Esquire Miami-Dade County Attorney’s Office Stephen P. Clark Center 111 Northwest First Street, Suite 2810 Miami, Florida 33128 STATEMENT OF THE ISSUES Whether Respondent Miami-Dade County Property Appraiser (“CPA” or “Respondent”) engaged in an unlawful discriminatory employment practice on the basis of disability and retaliation; and, if so, what affirmative relief and damages should be awarded to Petitioner Jorge Castellanos (“Petitioner” or “Castellanos”).
2 PRELIMINARY STATEMENT On October 8, 2025, Petitioner filed a Charge of Discrimination with the Florida Commission on Human Relations (“FCHR” or “Commission”), the U.S. Equal Employment Opportunity Commission (“EEOC”), and the Miami- Dade County Commission on Human Rights, alleging disability discrimination, a hostile work environment, and retaliation that culminated in his December 6, 2024, separation. Following an investigation, the Commission issued its Notice of Determination: No Reasonable Cause on April 6, 2026. On April 7, 2026, Petitioner timely initiated an administrative proceeding by filing a Petition for Relief (“Petition”) and requested a formal hearing. On April 21, 2026, the Petition was transferred to DOAH and assigned to the undersigned to conduct the formal hearing. On May 18, 2026, the case was scheduled for hearing on July 16, 2026. After a continuance for good cause, the matter proceeded as scheduled on September 9, 2026. At the final hearing on September 9, 2026, Petitioner testified on his own behalf and called his former supervisor, Mildred Suarez (“Suarez”). Petitioner’s Exhibits 1 through 4, 6 through 8, 10, and 11 were admitted into evidence. Respondent presented the testimony of Christine Garcia, Manager in the Miami-Dade County Human Rights and Fair Employment Practices Department, and Suarez. Respondent’s Exhibits 1 through 7 were admitted into evidence.
3 The final hearing was recorded by a court reporter, but no transcript was ordered or filed with DOAH. Respondent timely submitted a Proposed Recommended Order, which was duly considered in preparation of this Recommended Order. Petitioner did not file a post-hearing submittal. Unless otherwise noted, all statutory references are the versions in effect at the time of the alleged violations. FINDINGS OF FACT The Employment Relationship and Workplace Setting 1. Castellanos commenced employment with CPA on October 19, 1998, working as a Real Estate Evaluator 1. 2. From 2019 through December 2024, Castellanos was assigned to the condominium division, where his assigned workstation was an office cubicle. His core responsibilities centered on checking real estate values, reviewing annual sales data, and calculating property assessments. 3. Suarez served as Petitioner’s direct supervisor throughout 2023 and 2024. Carmel Narcisse (“Narcisse”) served as the division manager. 4. Prior to January 1, 2025, CPA personnel were governed by Miami-Dade County personnel policies, rules, and administrative orders, after which CPA became an independent office. Petitioner’s History of Physical Ailments and Medical Incidents 5. Over his tenure, Castellanos sustained multiple physical injuries and acute medical incidents: on or about June 24, 2019, Petitioner suffered an initial injury that resulted in a massive tear to his right rotator cuff; in 2021, Petitioner suffered a broken leg, returning to work on crutches while experiencing physical discomfort navigating his cubicle workstation; in 2022, Petitioner fell on his front porch, injuring his left rotator cuff, back, and tailbone; and, on or about July 5, 2023, Petitioner was involved in a motor vehicle accident that aggravated his back.
4 6. Due to physical discomfort and intermittent sleepless nights, Castellanos was prescribed various pain medications, including Percocet, Oxycodone, and high-dose Tylenol (650 mg). Castellanos testified at hearing that these medications caused him to feel drowsy at times. 7. Although Castellanos introduced medical notes and testified to an extensive timeline of ailments and pain, no credible medical or vocational evidence was adduced demonstrating that any of these physical impairments permanently or substantially limited him in performing a major life activity. Neither his medical records nor his testimony established that his injuries caused anything beyond temporary limitations and episodic discomfort. 8. Moreover, throughout the proceedings, Petitioner insisted that, despite these intermittent physical challenges, he remained fully capable of executing all essential functions of his job as a Real Estate Evaluator 1. 9. Suarez also testified credibly that she never observed Castellanos unable to perform his substantive job functions while present at work. The CPA Attendance Policy and Pre-Existing History of Absenteeism 10. CPA maintains a formal, binding Work Hours and Leave Policy. The policy mandates that an employee must personally notify their immediate supervisor prior to the commencement of their designated work shift, whenever reporting absent, unless physically incapacitated. Unscheduled absences not reported prior to the start of the shift are classified as unauthorized absences. 11. Furthermore, standard annual leave requests must be submitted at least three business days in advance, medical verification may be demanded for sick leave, and chronic tardiness and unexcused absenteeism subject the employee to progressive discipline up to dismissal. 12. Petitioner had a long-documented pattern of chronic attendance and leave-reporting noncompliance that well predated his recent injuries. On May 11, 2018, Respondent issued Petitioner a Disciplinary Action Report (“DAR”) for failing to appear for a scheduled valuation hearing,
5 misrepresenting his physical whereabouts, falsifying official time and attendance records, and circumventing supervisory leave notification channels. 13. On August 18, 2023, Petitioner executed a signed written acknowledgement confirming receipt of the CPA Work Hours and Leave Policy. Attendance (2023 through 2024) 14. In 2023, Castellanos requested an extended medical leave of absence under the Family Medical Leave Act (“FMLA”) from July 5, 2023, through October 3, 2023, for shoulder rotator cuff surgery and rehabilitation. Petitioner submitted his required documentation at the seventh-floor CPA administrative intake window, and the agency approved the leave via electronic correspondence. Petitioner ultimately did not take the leave, deferring and rescheduling the surgery after his surgeon recommended a referral to a different specialist for an alternative treatment plan. 15. On or about October 10, 2023, Petitioner requested a floating holiday without obtaining advance authorization. When he returned to work, supervisor Suarez denied the retroactive floating holiday request in accordance with leave guidelines. 16. On November 3, 2023, Petitioner failed to report to work and transmitted a text message to Suarez’s telephone to report his absence. Suarez never received the text message transmission. In accordance with departmental rules requiring direct supervisory contact, the absence was classified as unauthorized. 17. On February 9, 2024, in response to continuing unauthorized attendance irregularities, Respondent placed Petitioner on a 60-day Performance Improvement Plan (“PIP”). The PIP detailed specific attendance deficiencies, outlined mandatory corrective protocols, and cautioned that a lack of prompt improvement would precipitate dismissal.
6 18. Around that time, Petitioner testified that he discussed applying for FMLA leave with Narcisse to protect his job security while he was preparing for surgery. Acting on that advice, Petitioner submitted another FMLA packet at the CPA seventh-floor administrative window requesting leave from approximately August through December 2024. However, the medical certification was never executed because Petitioner’s physician declined to sign off on medical leave or authorize the procedure because it was too early to perform the surgery. No surgery date had been scheduled for 2024. 19. Castellanos never received a CPA approval of his 2024 FMLA leave request. Consequently, Petitioner remained subject to regular departmental work hours, and any unapproved time taken off during that timeframe was designated as unauthorized under the CPA Work Hours and Leave Policy. 20. On or about March 18, 2024, Castellanos experienced a family emergency when his mother-in-law was hospitalized, intubated, and subsequently passed away. Castellanos took five days bereavement leave during March 2024. Although an initial informal approval had been extended, departmental human resources conducted an audit two weeks later and concluded that the agency’s bereavement leave policy did not cover the passing of a mother-in-law. Respondent consequently reclassified those days as unexcused absences and docked Castellanos’ compensation. 21. On May 17, 2024, Suarez completed the final review of Petitioner’s PIP, documenting that Castellanos had failed to achieve satisfactory attendance. 22. On or about June 10 and 11, 2024, Petitioner sought additional unapproved leave, testifying that he struggled to regain his workplace routine. 23. On July 3, 2024, Respondent served Petitioner with a formal DAR citing persistent absenteeism, unexcused tardiness, and repeated violations of the Work Hours and Leave Policy.
7 24. The DAR strictly cautioned that an immediate failure to conform would yield severe disciplinary action up to dismissal. 25. On July 5, 2024—two days following receipt of the DAR—Petitioner was discovered asleep and snoring loudly at his cubicle during duty hours. 26. On August 7, 2024, Assistant Property Appraiser Lazaro Solis affirmed the July 3, 2024, DAR and suspended Petitioner without pay for ten working days, effective September 16 through 27, 2024. 27. Petitioner was mandated to return to work from his suspension on Monday, September 30, 2024. He failed to report for duty and failed to notify his supervisor, resulting in an unexcused, unauthorized absence. Absence of Reasonable Accommodation Requests 28. Miami-Dade County maintains an Americans with Disabilities Act Reasonable Accommodation Countywide Procedures Manual. The formal procedure requires an employee seeking a workplace accommodation to complete and submit an ADA Reasonable Accommodation Request Form to their departmental personnel representative. 29. Castellanos conceded at hearing that he never executed or submitted an ADA Reasonable Accommodation Request Form during his employment. Castellanos claimed that he asked for a different work location, but never requested other office accommodations such as an ergonomic chair, cubicle modification, or specialized equipment. 30. Beyond requesting intermittent sick and medical leave, Petitioner never identified, proposed, or requested any workplace modification that would have enabled him to maintain consistent, predictable attendance. The Resignation in Lieu of Termination 31. On November 1, 2024, Respondent issued Castellanos a comprehensive DAR proposing dismissal from CPA employment based on persistent unexcused absenteeism (seven occurrences), failure to comply with leave protocols, unauthorized absences following suspension, tardiness
8 (ten occurrences) and sleeping at his workstation during working hours (two occurrences). 32. On November 26, 2024—nearly four weeks after receiving the November 1, 2024, DAR proposing his dismissal—Petitioner sent an email to management asserting that he felt he was being discriminated against and was contemplating filing a complaint with the Office of Fair Employment Practices. 33. On December 6, 2024, Property Appraiser Pedro J. Garcia executed an official memorandum terminating Castellanos’s employment. Castellanos was explicitly informed that the agency had finalized its decision to end his employment due to his severe disciplinary and attendance record. 34. Respondent gave Petitioner the option under County Administrative Order 7-3 to execute a resignation in lieu of termination. CPA initiated the separation. The record demonstrates that Petitioner’s termination had already been determined by management, and Petitioner could not have continued working at the agency regardless of his choice. Facing imminent, finalized dismissal, Castellanos executed a written resignation in lieu of termination on December 6, 2024. Because Petitioner was afforded no realistic alternative to remain employed, his separation was initiated by the employer and constituted an involuntary termination. 35. Respondent’s decision to terminate Castellanos was founded exclusively upon his protracted history of unplanned absenteeism, unauthorized callouts, tardiness, sleeping during work hours, and failure to correct his attendance following progressive counseling, a PIP, and a ten-day suspension. No decision-maker referenced Petitioner’s physical ailments as a basis for discipline, and Petitioner identified no similarly situated employee outside his protected class with comparable attendance infractions who received more lenient treatment.
9 Ultimate Findings of Fact 36. Petitioner presented no persuasive evidence that the CPA’s decisions concerning, or actions affecting, him—including his progressive disciplinary counseling, written reprimands, unpaid suspension, or the employer-initiated separation finalized on December 6, 2024—were motivated in any way by disability-based discriminatory animus. There is no competent, persuasive evidence in the record, direct or circumstantial, upon which the undersigned could make a finding of unlawful disability or handicap discrimination. 37. Petitioner presented no persuasive evidence that Respondent’s actions subjected him to an unlawful hostile work environment or harassment based on a disability. The credible evidence demonstrates that the supervisory interactions, leave administration, and disciplinary measures implemented were legitimate enforcement actions addressing documented attendance violations and departmental rules, rather than severe or pervasive hostility directed at a protected characteristic. Furthermore, there is no competent, persuasive evidence in the record, direct or circumstantial, upon which the undersigned could make a finding of unlawful disability-based harassment or a hostile work environment. 38. Additionally, Petitioner presented no persuasive evidence that CPA discriminated or retaliated against him because he engaged in protected activity, asked for reasonable accommodation, or opposed discrimination. Instead, the evidence shows that Petitioner never requested a reasonable accommodation for any alleged disability and that the Property Appraiser disciplined and initiated Petitioner’s separation from employment strictly because of his ongoing, documented attendance problems and unauthorized absences. Those disciplinary actions were already well underway long before Petitioner ever sent an email complaining of discrimination on November 26, 2024. As a result, there is no competent, persuasive evidence in the record, direct or circumstantial, to support a finding of unlawful retaliation.
10 CONCLUSIONS OF LAW 39. DOAH has jurisdiction over the subject matter and the parties to this proceeding in accordance with sections 120.569, 120.57(1), and 760.11(7), Florida Statutes. See also Fla. Admin. Code R. 60Y-4.016 (providing that upon a petition for relief from an unlawful employment practice, a hearing shall be conducted by an administrative law judge). 40. The FCHR protects individuals from discrimination and retaliation in the workplace. See §§ 760.10 and 760.11, Fla. Stat. Section 760.10 states, in pertinent part: (1) It is an unlawful employment practice for an employer: (a) To discharge or fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. * * * (7) It is an unlawful employment practice for an employer … to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. 41. Because the FCHR is patterned after federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Americans with Disabilities Act (“ADA”), Florida courts and administrative tribunals rely on federal cases construing those acts when analyzing claims under the FCHR. See Ponce v. City of Naples, 2017 WL 4574649, at *4 (M.D. Fla. Oct. 13, 2017); Harper v. Blockbuster Ent. Corp., 139 F.3d 1385, 1387
11 (11th Cir. 1998) (finding that claims fail for identical reasons under federal law and the FCHR); Valenzuela v. GlobeGround N. Am., LLC, 18 So. 3d 17, 21 (Fla. 3d DCA 2009); Byrd v. BT Foods, Inc., 948 So. 2d 921, 925 (Fla. 4th DCA 2007). 42. The burden of proof in an administrative proceeding is on Castellanos as the complainant. See Dep’t of Banking & Fin., Div. of Sec. & Investor Prot. v. Osborne Stern & Co., 670 So. 2d 932, 935 (Fla. 1996) (“The general rule is that a party asserting the affirmative of an issue has the burden of presenting evidence as to that issue.”). To establish an unlawful employment practice under the FCHR, Petitioner must establish, by a preponderance of the evidence, a prima facie case of discrimination, hostile work environment, or retaliation. See St. Louis v. Fla. Int’l Univ., 60 So. 3d 455, 458–59 (Fla. 3d DCA 2011). A “prima facie” case means evidence legally sufficient to establish a fact or that a violation occurred unless disproved. 43. The “preponderance of the evidence” standard requires the “greater weight” of the evidence, or proof that “more likely than not” establishes the contested fact. Gross v. Lyons, 763 So. 2d 276, 289 n.1 (Fla. 2000). Consequently, if the evidence is in balance or Respondent’s evidence carries equal or greater weight, Petitioner has not met his burden and cannot prevail. Id. 44. The Findings of Fact above establish the Property Appraiser executed a termination order and initiated Castellanos’s separation from employment on December 6, 2024, leaving Petitioner no choice to remain employed. To that end, Petitioner’s resignation in lieu of termination was an involuntary discharge and an adverse employment action.1 1 An employee’s resignation constitutes an actionable discharge where the employer initiates the separation and makes clear by acts or words that employment cannot continue. See Thomas v. Dillard Dep’t Stores, Inc., 116 F.3d 1432, 1437 (11th Cir. 1997).
12 Disability Discrimination 45. The ADA prohibits employers from discriminating against a “qualified individual” on the basis of the individual’s disability. Earl v. Mervyns, 207 F.3d 1361, 1365 (11th Cir. 2000). Disability claims under the FCHR are governed by the same analytical framework as ADA claims. See Holly v. Clairson Indus., LLC, 492 F.3d 1247, 1255 (11th Cir. 2007). 46. To establish a prima facie case of disability discrimination, Petitioner must show: (a) he is disabled; (b) he is a qualified individual; and (c) he was subjected to unlawful discrimination because of his disability. Garrison v. City of Tallahassee, 664 F. App’x 823, 825–26 (11th Cir. 2016). A failure to provide a reasonable accommodation may also constitute discrimination. Id. 47. Under the first element, Petitioner must establish a substantial limitation on a major life activity, requiring a complete inability or significant restriction compared to an average person. See Wimberly v. Sec. Tech. Grp., Inc., 866 So. 2d 146, 147 (Fla. 4th DCA 2004). Transitory injuries, intermittent pain, and residual impairments following medical treatment do not constitute statutory disabilities. Id. Although Petitioner documented injuries between 2019 and 2024—including shoulder tears, a broken leg, and car accident trauma—he presented no competent evidence demonstrating that any condition permanently or substantially restricted a major life activity. Petitioner even affirmed at hearing he could perform all property evaluation duties, and supervisor Suarez observed no physical inability to work. Therefore, applying the foregoing principles, Petitioner failed to prove he has a disability under the FCHR. 48. However, even if Petitioner had an impairment, he was not a “qualified individual.” A qualified individual is someone who can perform the essential functions of the job, with or without reasonable accommodation. Garrison, 664 F. App’x at 826. An employee who cannot perform the essential functions, even with accommodation, is not covered under the ADA or FCHR. Bagwell v. Morgan Cnty. Comm’n, 676 F. App’x 863, 865 (11th Cir. 2017).
13 49. Punctuality and predictable attendance are essential functions of employment, particularly for public agencies. See Jackson v. Veterans Admin., 22 F.3d 277, 279–80 (11th Cir. 1994). CPA demonstrated that adherence to regular work hours and leave-reporting rules was an essential duty. Petitioner’s chronic unexcused absences, unauthorized callouts, tardiness, sleeping on duty, and inability to report reliably rendered him unable to perform the essential functions of his role. 50. Petitioner also failed to establish a failure to accommodate. An employee “bears the burden of identifying an accommodation, and of demonstrating that the accommodation allows [him] to perform the job’s essential functions.” Bagwell, 676 F. App’x at 865. An employer’s duty is triggered only after a specific demand is made. See Gaston v. Bellingrath Gardens & Home, Inc., 167 F.3d 1361, 1363 (11th Cir. 1999). The employer is not required to tolerate erratic, unpredictable attendance or excuse past misconduct as an accommodation. Moreover, medically related absences do not automatically entitle an employee to accommodation when absences are unpredictable. See Jackson, 22 F.3d at 279–80. 51. Respondent established countywide procedures requiring employees to submit an ADA Reasonable Accommodation Request Form. Petitioner conceded at hearing that he never submitted a request form. However, Petitioner requested blocks of leave and submitted a FMLA request without the requisite physician certification, but he never requested any workplace adjustment enabling him to maintain regular attendance. Because regular attendance is an essential job function, the FCHR does not require an employer to eliminate or waive its attendance rules. See Medearis v. CVS Pharmacy, 646 F. App’x 891, 896 (11th Cir. 2016); Holly, 492 F.3d at 1259. Therefore, Petitioner’s failure-to-accommodate and disability discrimination claims fail.
14 Hostile Work Environment 52. To establish a prima facie case of hostile work environment, Petitioner must show: (a) he belongs to a protected class; (b) he was subjected to unwelcome harassment; (c) the harassment was based upon a protected trait; (d) the harassment was severe or pervasive enough to alter the terms and conditions of employment; and (e) the employer is liable. Jones v. UPS Ground Freight, 683 F.3d 1283, 1292 (11th Cir. 2012). It is a bedrock principle that not all objectionable workplace conduct constitutes unlawful discrimination. Id. at 1297. Only conduct based on a protected category is considered, and innocuous or boorish workplace friction untethered to a protected trait is excluded. Id. 53. Petitioner failed to establish that any conduct by supervisors Suarez or Narcisse was based on a disability or handicap. Petitioner presented no evidence that “the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter conditions of the victim’s employment and create an abusive working environment.” Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993). Standard supervisory counseling, attendance oversight, photographic documentation of an employee sleeping on duty, and enforcing leave rules do not constitute unlawful disability-based harassment. Hence, Petitioner’s hostile work environment claim fails. Retaliation 54. To establish a prima facie case of retaliation, Petitioner must show: (a) he engaged in statutorily protected expression or conduct; (b) he suffered an adverse employment action; and (c) a causal relationship exists between the two events. See Holifield v. Reno, 115 F.3d 1555, 1566 (11th Cir. 1997). Protected conduct requires communication sufficient to inform the employer that the employee opposes unlawful discrimination. See Murphy v. City of Aventura, 616 F. Supp. 2d 1267, 1279 (S.D. Fla. 2009).
15 55. If Castellanos establishes a prima facie case, the burden shifts to Respondent to articulate a legitimate, non-discriminatory reason for its action. See Addison v. Fla. Dep’t of Corr., 683 F. App’x 770, 774 (11th Cir. 2017); Sierminski v. Transouth Fin. Corp., 216 F.3d 945, 950 (11th Cir. 2000). This burden is light. Holifield, 115 F.3d at 1564. If met, the burden shifts back to Petitioner to prove the proffered reason is pretextual. See James v. Total Sols., Inc., 691 F. App’x 572, 574 (11th Cir. 2017); Quigg v. Thomas Cnty. Sch. Dist., 814 F.3d 1227, 1237 (11th Cir. 2016). 56. Retaliation requires traditional but-for causation: Petitioner must prove the action would not have occurred absent the retaliatory motive. See Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 360 (2013); Frazier-White v. Gee, 818 F.3d 1249, 1258 (11th Cir. 2016). 57. Petitioner failed to establish a causal connection between any protected activity and his separation. Petitioner’s first communication alleging discrimination occurred via email on November 26, 2024. However, Respondent had already initiated the dismissal process and issued the DAR proposing termination on November 1, 2024—weeks prior to that email. Where an employer contemplates an adverse action prior to learning of protected activity, proceeding along lines previously contemplated is no evidence of causation. See Clark Cnty. Sch. Dist. v. Breeden, 532 U.S. 268, 272 (2001). 58. Moreover, Respondent articulated legitimate, non-retaliatory reasons for initiating the separation of Petitioner’s employment: persistent unexcused absenteeism, failure to follow leave procedures, sleeping during working hours, and an unauthorized absence immediately after a disciplinary suspension. Castellanos presented no evidence demonstrating these reasons were pretextual. Consequently, Petitioner failed to establish a prima facie case of retaliation.
16 Case No. 26-2065 RECOMMENDATION Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Florida Commission on Human Relations issue a final order dismissing Jorge Castellanos’s Petition. DONE AND ENTERED this 12th day of October, 2026, in Tallahassee, Leon County, Florida. S JUNE C. MCKINNEY Administrative Law Judge DOAH Tallahassee Office Division of Administrative Hearings 2001 Drayton Drive Tallahassee, Florida 32311 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of October, 2026. COPIES FURNISHED: Elizabeth A. Miller, Chief Legal Counsel (eServed) Leona Nicole McFarlane, Esquire (eServed) Jason S. Remer, Esquire (eServed) Cindy T. Harper, Attorney Supervisor (eServed) Casey C. Snipes, Agency Clerk (eServed) NOTICE OF RIGHT TO SUBMIT EXCEPTIONS All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.
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