Burgess v. Department of Health & Rehabilitative Services
This text of 650 So. 2d 687 (Burgess v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Acting pro se, William J. Burgess, Jr. appeals the final order denying his request for amendment or expungement of abuse report No. 92-118528. Burgess argues that the hearing officer should not have considered Dr. Jordan’s psychological report because it is an inaccurate evaluation of Burgess. We affirm because Dr. Jordan’s expert testimony was admissible under section 90.702, Florida Statutes (1993). Although Burgess attempted to present his expert’s counter evidence to the agency, this action came too late as this evidence should have been tendered to the hearing officer. See Goss v. District School Bd. of St. Johns County, 601 So.2d 1232, 1234 (Fla. 5th DCA 1992) (stating that it is the hearing officer’s role to accept or reject evidence and to judge the credibility of witness testimony). Where, as here, there is competent substantial evidence to support the hearing officer’s findings, those findings will not be disturbed on appeal. See Maynard v. Florida Unemployment Appeals Comm’n, 609 So.2d 143, 145 (Fla. 4th DCA 1992); Florida Sugar Cane League v. State, 580 So.2d 846, 851 (Fla. 1st DCA 1991).
AFFIRMED.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
650 So. 2d 687, 1995 Fla. App. LEXIS 1567, 1995 WL 63080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-department-of-health-rehabilitative-services-fladistctapp-1995.