Division of Administrative Hearings, Florida
Latest Update: May 07, 1982
The matters presented by this hearing concern challenges pursuant to Section 120.56, Florida Statutes, to the promulgated Rule 10D-48.27(1) and (2), Florida Administrative Code, and to a memorandum dated October 16, 1981, issued by Respondent. The challenge to Rule 100-48.27(1) and (2), Florida Administrative Code, is premised upon the belief that the rule is in excess of statutory authority and is arbitrary and capricious and thereby an invalid exercise of legislative authority. The challenge to the October 16, 1981, memorandum is based upon the assertion that the memorandum is an illicit unpromulgated rule, and consequently an invalid exercise of legislative authority.Challenged rule and memo are not invalid exercises of delegated legislative authority, except part of memo concerning Stage II trainees & solicitation.
