Leon FL Lawyers | Arthur Rudolph Wiedinger Jr. -- eLawyers

91-006316 DIANA COOK vs BOARD OF ARCHITECTURE AND INTERIOR DESIGN (1991)

Division of Administrative Hearings, Florida Filed: Oct. 02, 1991

The central issue in this case is whether Petitioner is entitled to licensure as an interior designer.Petitioner met burden to establish six years of appropriated interior design experience therefore should be licensed.

92-005931 BRIAN K. CARTER vs BOARD OF ARCHITECTURE AND INTERIOR DESIGN (1992)

Division of Administrative Hearings, Florida Filed: Oct. 02, 1992

The issue in this case is whether Petitioner, Brian K. Carter, is qualified for licensure as an interior designer pursuant to Section 481.213(3)(a), Florida Statutes, and Rule 21B-22.003(2)(c), Florida Administrative Code.Application for licensure as interior designer should be denied where applicant fails to demonstrate completion of educational requirements.

90-005031RP CARL B. CRIBBS, RICKEY J. CARTER, JAMES L. BLANTON, RONALD A. RHUE, GABRIEL SCHLOSSER, RICHARD HALL, KENNETH M. CORDELL, AND MARK KALINA vs DEPARTMENT OF CORRECTIONS (1990)

Division of Administrative Hearings, Florida Filed: Aug. 13, 1990

The central issue in this case is the Petitioners challenge to the proposed rule to be designated Rule 33-3.0055, Florida Administrative Code. The proposed rule was developed to implement the judgment entered in Hooks v. Wainwright, 536 Supp. 1330 (M.D. Fla. 1987). That decision dealt with the issue of providing inmates adequate and meaningful access to courts. Whether or not the rule accomplishes that task is not addressed by this order. Rather, this order considers whether the proposed rule comports with Section 120.54, Florida Statutes. That is, whether the proposed rule is an invalid exercise of delegated legislative authority.Proposed rule invalid as it is too vague to place persons on notice of how library services to be provided or vest unbridled discretion with prison superintendent

91-006537 DONNA MARIE JOHNSON vs BOARD OF ARCHITECTURE AND INTERIOR DESIGN (1991)

Division of Administrative Hearings, Florida Filed: Oct. 09, 1991

Whether the Petitioner is qualified for licensure as an interior designer under the "grandfather" provisions of Section 21, Chapter 88-383, Laws of Florida, as amended by Chapter 89-19, Laws of Florida.Although interior decoration is part of design, decor service does not constitute practice of design unless such other services meet design defin.

93-004844 LAURENCE ARTHUR BAIRD vs BOARD OF NURSING HOME ADMINISTRATORS (1993)

Division of Administrative Hearings, Florida Filed: Aug. 23, 1993

The basic issue in this case is whether the Petitioner, Laurence Arthur Baird, is entitled to be licensed by endorsement as a Nursing Home Administrator.Petitioner not entitled to licensure by endorsement as nursing home adminis- trator because requirements in other states not substantially equivalent.

91-004085RX PHILLIP R. DAVIS vs BOARD OF GEOLOGISTS (1991)

Division of Administrative Hearings, Florida Filed: Jul. 02, 1991

Whether Rule 21DD-5.002, Florida Administrative Code, as applied to an application for licensure as a professional geologist without examination, is an invalid exercise of delegated legislative authority, as defined in Section 120.52(8), Florida Statutes.Rule invalid as applied to applicants seeking licensure under grandfathering provisions of statute due to lack of citation to law implemented

91-000534RX FLORIDA OPTOMETRIC ASSOCIATION; ALBERT ARAN, M.D.; PHILIP DAGOSTINO, O.D.; PAUL E. GARLAND, M.D.; AND JOHN MCCLANE, III, O.D. vs BOARD OF MEDICINE (1991)

Division of Administrative Hearings, Florida Filed: Jan. 25, 1991

Whether Proposed Rule 21M-20.15, is an invalid exercise of delegated legislative authority as defined in Section 120.52(8)(a)-(e), Florida Statutes?Rule establishing standard of care for surgery and delegation of duties by surgeon not invalid except for last sentence of paragraph 3 of rule.

90-004048RX LARRY HENDRIX vs DEPARTMENT OF CORRECTIONS (1990)

Division of Administrative Hearings, Florida Filed: May 07, 1991

Whether Rules 33-5.006(8) and 33-5.008(16), Florida Administrative Code, constitute an invalid exercise of delegated authority?Challenge to rules governing inmate visitation dismissed. Failed to prove invalidity.

90-005242RU FRANKLIN GALE, LARRY MANNING, ROBERT A. DELANA, LEONARD B. COLEMAN, GEORGE B. CHESTNUT, HARRYF. MCCRAY, AND WESLEY L. BRITTON vs DEPARTMENT OF CORRECTIONS (1990)

Division of Administrative Hearings, Florida Filed: Aug. 06, 1990

The issues to be considered are those associated with a petition to determine the invalidity of actions taken by the State of Florida, Department of Corrections, creating and implementing a policy associated with custody criteria for inmates. This policy is said to be a rule by definition set forth in Section 120.52, Florida Statutes. Further, it is alleged that the policy has not undergone the rigors of rule enactment envisioned by Section 120.54, Florida Statutes. Thus, it is procedurally incorrect. Finally, the allegation is made that the new policy contravened an existing rule on the subject. Based upon these circumstances, Petitioners seek a declaration that the policy is a rule by definition, that necessary procedural steps to enact the policy as a rule have not been pursued, that the policy contravened an existing rule, and that the policy was without force and effect during its existence.Challenge to a policy statement as a rule unpromulgated and contrary to enabiling statute and existing rule. (Prisoners) Challenge had merit.

92-000949 MARLA KAY SANFORD vs BOARD OF ARCHITECTURE AND INTERIOR DESIGN (1992)

Division of Administrative Hearings, Florida Filed: Feb. 12, 1992

The issue for determination in this proceeding is whether Petitioner should be licensed without examination as an interior designer on the ground that Petitioner had six years experience as an interior designer prior to January 1, 1990, in accordance with applicable provisions of Chapter 88-383, Laws of Florida, as amended by Chapter 89-19, Laws of Florida.Applicant by prior experience worked as interior designer for requisite period prior to application and should be licensed.

Arthur Rudolph Wiedinger Jr.