Division of Administrative Hearings, Florida
Filed: Dec. 22, 1997
The issue for determination is whether Respondent’s rule is an invalid exercise of delegated legislative authority, and/or whether Respondent’s agency statement constitutes a rule and has not been adopted pursuant to the statutory rulemaking procedure.Respondent`s practice and procedure is rule as defined by Subsection 120.52(15), F.S.; Respondent failed to engage in rulemaking; rule is not invalid exercise of delegated legislative authority; jurisdiction retained for awarding attorney`s fees/costs.
