Division of Administrative Hearings, Florida
Filed: Apr. 10, 2018
The issues are: 1) whether, based on the 2017 passing rate of graduates of Petitioner's prelicensure nursing education program (Program) taking the National Council of Licensing Examination (NCLEX), Respondent is required to return the Program from probationary to approved status, pursuant to section 464.019, Florida Statutes; and 2) whether, in declining to return the Program to approved status, Respondent has unlawfully relied on an unadopted rule, in violation of section 120.57(1)(e). At Petitioner's request, the parties presented evidence concerning constitutional challenges that Petitioner intends to present to a district court of appeal.No jurisdiction under s. 120.57(1) due to lack of genuine issue of material fact, even though agency's retroactive implementation of statute was ruled to be an unadopted rule in a related case, because correct implementation produces same result.
