Division of Administrative Hearings, Florida
Filed: Jul. 30, 1990
At issue is whether the stated reason contained in Respondent's correspondence to Petitioner denying the access permit sought by Petitioner constitutes an invalid rule. If Respondent's denial is determined to constitute a rule, secondary issues to be resolved include whether Respondent failed to follow applicable ruling making procedures required by Section 120.54, Florida Statutes, with regard to rule promulgation; and whether the alleged rule is an invalid exercise by Respondent of delegated authority.Allegedly illicit rule is merely application of criteria in existing valid rule.
