This case arises out of a challenge by Petitioner to the validity of Rule 23-21.02(49), Florida Administrative Code. Petitioner contends that the rule is arbitrary and capricious and that it is beyond the scope of the legislative authority granted the Parole and Probation Commission and that the rule is inconsistent with the intent of the Florida Statutes which it seeks to implement. At the formal hearing, the Petitioner testified on his own behalf and the Respondent called Mr. Harry Dodd as its only witness. The Respondent offered and had admitted into evidence four exhibits. At the formal hearing, both parties requested and were given permission to file late filed exhibits. The Petitioner has filed no late filed exhibits and the Respondent has filed late filed exhibits with a motion that they be accepted. That motion is hereby GRANTED and the late filed exhibits are accepted into evidence. The motion for summary judgment filed by the Respondent is hereby DENIED. Counsel for the Respondent submitted proposed findings of fact and conclusions of law for consideration by the Hearing Officer. To the extent that those proposed findings and conclusions of law are inconsistent with this order, they were rejected as not being supported by the evidence or as unnecessary to a resolution of this cause.Petitioner alleges that dismissed disciplinary reports were used to delay his probation; P asks that 23-21.02(49) be invalidated; Petition dismissed.

Whether Florida Parole and Probation Commission Rule 23-21.03(9)(b), Florida Administrative Code, containing Form PCG-4.4, constitutes an invalid exercise of delegated legislative authority proscribed by Section 120.56, Florida Statutes.Dismiss petition where it seeks to collaterally challenge agency action in setting parole date as being invalid rule.

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a final hearing in this cause on September 27, 1983, at Union Correctional Institution. APPEARANCES For Petitioner: Douglas LaVerne Adams, pro se and Gary M. Piccirillo, As Qualified Representative for Petitioner Union Correctional Institution Post Office Box 221P seeks relief from rules promulgated after his incarceration and which do not nor have been applied to him and thus his petition is denied.