Division of Administrative Hearings, Florida
Latest Update: Aug. 20, 1979
By a petition to determine the invalidity of a rule filed pursuant to Section 120.56, the petitioners herein challenge the respondent's Rule 8B- 5.13(1), Florida Administrative Code. By order of assignment dated April 18, 1979, the matter was assigned to Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings. Pursuant to stipulation of the parties, an administrative hearing was not held and the cause was submitted to the Hearing Officer on stipulated facts, the transcript of a deposition, documentary evidence and memoranda of law submitted by the parties. For Petitioner: Barbara Green and Stephen Maher Legal Services of Greater Miami, Florida, Inc.The challenged rule is invalid exercise of delegated legislative authority b/c it restricts ability of petitioners to call wits. as needed at hearings.
