Conclusions This matter is before Florida Agricultural and Mechanical University Board of Trustees (“FAMU,” “Petitioner,” or the “University”) for final agency action. By letter dated March 10, 2010, Gerald Grow, Respondent, was notified by the University that it was determined, as a result of an internal payroll audit, that he was overpaid in the amount of $1,165.77 by the University. Pursuant to Section 120.57(1), Florida Statutes, Respondent requested a disputed-fact hearing to protest the alleged salary overpayment and the cause was referred to the Division of Administrative Hearings (DOAH) on or about June 22, 2010. Respondent's request for hearing was assigned DOAH case number 10-003398. The Administrative Law Judge assigned to review the matter scheduled a disputed-fact hearing for September 20, 2010. On or about July 1, 2010, Respondent filed a notice advising that he tendered $1,165.77 to the University, that the tendered amount was accepted by the University, and that he was withdrawing his request for a disputed-fact hearing because the matter had been “settled.” By Order entered July 27, 2010, DOAH closed its file and relinquished jurisdiction to the University. Accordingly, it is hereby Ordered and Adjudged that Respondent's debt obligation to the University of $1,165.77 has been satisfied and further that the instant matter is closed. Respondent may seek judicial review of this Final Order pursuant to Florida Rule of Appeliate Procedure 9.190, applicable to review of quasi-judicial decisions of an administrative body not subject to the Administrative Procedure Act, by filing a petition for certiorari review within thirty (30) days of the date this Final Order is filed with the Agency Clerk. DONE and ORDERED this 1st day of November, 2010. pnts H Cvassate H. Ammons President File with the Agency this day of November, 2010. Agency Clerk Copy: Teresa Hardee, CFO and Vice President, Administrative and Financial Services Avery D. McKnight, General Counsel Linzie F. Bogan, Associate General Counsel, Director of Labor Relations Nellie C. Woodruff, Associate Vice President, Human Resources Ciaudia Liado, DOAH Clerk Gerald Grow, Respondent
The Issue Whether Rule 6C-7.003(9), Florida Administrative Code, is an invalid exercise of delegated legislative authority?
