STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
JEFFREY JEROME WALKER, )
)
Petitioner, )
)
vs. ) CASE NO. 92-2390RXP
)
DEPARTMENT OF CORRECTIONS, )
)
Respondent. )
)
FINAL
ORDER OF DISMISSAL
This cause came on for consideration of Respondent's Motion to Dismiss the Petition for Administrative Hearing filed by Petitioner in this case. In his Petition, Petitioner challenges the constitutionality of Rule 33-3.006(5)(a), Florida Administrative Code.
A Division of Administrative Hearings Hearing Officer does not have the power to adjudicate the constitutionality of a rule, such power being a judicial rather than a quasi-judicial power. Department of Administration v. Stevens,
344 So.2d 290 (Fla. 1st DCA 1977). Accordingly, it is ORDERED:
The Petition of Jeffrey Jerome Walker to challenge the constitutionality of Rule 33.3006(6)(a), Florida Administrative Code, be dismissed.
DONE and ORDERED this 30th day of April, 1992, in Tallahassee, Florida.
K. N. AYERS Hearing Officer
Division of Administrative Hearings The Desoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 30th day of April, 1992.
Copies furnished to:
Jeffrey Jerome Walker 975763, C-N-05-T
Tomoka Correctional Institution 3950 Tiger Bay Road
Daytona Beach, FL 32124
Louis A. Vargas, Esquire Department of Corrections 2601 Blairstone Road
Tallahassee, FL 32399-2500
Claire Dryfuss, Esquire Assistant Attorney General The Capitol, Suite 1603 Tallahassee, FL 32399-1050
Carroll Webb, Executive Director Administrative Procedures Committee Holland Building, Room 120 Tallahassee, FL 32399-1300
Donna Malphurs
Department of Corrections 2601 Blairstone Road
Tallahassee, FL 32399-2500
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
| Issue Date | Proceedings |
|---|---|
| Jul. 29, 1992 | BY ORDER OF THE COURT(Case dismissed did not file for insolvency or pay the filing fee) filed. |
| Jul. 13, 1992 | 5thDCA Order dismissing case for lack of filing fee filed. |
| Jun. 11, 1992 | Letter to SLS from Jeffery J. Walker (re: Complaint against the bureaucracy and the waste of government funds) w/supporting papers filed. |
| May 26, 1992 | Letter to DOAH from DCA filed. DCA Case No. 5-92-1267. |
| May 21, 1992 | Request to Re-File filed. |
| May 21, 1992 | Certificate of Notice of Administrative Appeal sent out. |
| May 21, 1992 | Notice of Administrative Appeal filed. |
| May 04, 1992 | (Petitioner) Answer to Motion to Dismiss for Lack of Jurisdiction; Motion to Amend Petition; Motion to Dismiss filed. |
| Apr. 30, 1992 | Final Order (hearing held , 2013). CASE CLOSED. |
| Apr. 30, 1992 | CASE CLOSED. Final Order Order of Dismissal sent out. No Hearing held. |
| Apr. 22, 1992 | Order of Assignment sent out. |
| Apr. 21, 1992 | Letter to Liz Cloud & Carroll Webb from Marguerite Lockard |
| Apr. 20, 1992 | Petition for Administrative Hearing filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 30, 1992 | DOAH Final Order | Held DOAH without jurisdiction to determine constitutionality of existing rule. |
