Division of Administrative Hearings, Florida
Filed: Jan. 05, 2015
Whether Florida Administrative Code Rules 64B8-50.003(2) and 64B8-56.002(2)(a) are invalid exercises of delegated legislative authority in violation of section 120.52(8), Florida Statutes (2014). Whether the following four statements are unadopted rules as defined by section 120.52(20): (i.) The Electrolysis Council is a de facto party to a petition for declaratory statement filed with the Board of Medicine concerning the practice of electrology and need not intervene in the proceeding before the Board when considering rules and statutes related to the practice of electrology; (ii.) The Electrolysis Council is a de facto party to a petition to adopt, amend, or repeal an agency rule filed with the Board of Medicine concerning the practice of electrology and need not intervene in the proceeding before the Board when the rules concern the practice of electrology; (iii.) No additional materials can be submitted to the Board of Medicine prior to the meeting of the full Board for consideration of a draft order on a petition for declaratory statement; and (iv.) The Board of Medicine will not consider any materials submitted for consideration within 48 hours of a full Board of Medicine meeting unless the Board Chair allows their distribution to the members.Petitioners demonstrated "petitions for declaratory statement" in rule 64B8-50.003(2) is an invalid rule, but did not meet burden for the challenge to other section of the rule, rule 64B8-56.002(2)(a), and four alleged unadopted rules.