Division of Administrative Hearings, Florida
Latest Update: Apr. 07, 1988
This is a rule challenge brought under the provisions of Section 120.54(4), Florida Statutes. The issues for determination are whether the Department of Environmental Regulation's proposed rules 17-3.021, 17-3.403, 17- 3.404, and 17-4.245, Florida Administrative Code, constitute an invalid exercise of delegated legislative authority. At hearing Petitioner, Adam Smith Enterprises, Inc. (Adam Smith), presented the testimony of 12 witnesses, and its exhibits 1-9, 11-15, 17-24, 26, 32-53 were received into evidence.Portions of proposed rules held to be arbitrary and capricious because they were not founded on fact or logic.
