Division of Administrative Hearings, Florida
Latest Update: Dec. 30, 1987
Barkley has petitioned for the determination of the invalidity of Section 1101.1.3.2-15.i of the LES Personnel Manual. That section provides standards for disciplinary action when an employee commits the offense designated "falsification of records." The issues, therefore, are whether the standard is a rule as defined in Section 120.52(15) F.S. and whether Barkley is substantially affected by the standard. If the answer to both questions is yes, then it necessarily follows that the "rule" is invalid, as the parties have stipulated that the standard was not adopted as a rule.Agency personnel manual with ranges of discipline is not rule, not self- executing, creating no rights, but only provides guidence to supervisors.
