Curry v. Florida Board of Professional Engineers, Department of Business & Professional Regulation
This text of 873 So. 2d 1258 (Curry v. Florida Board of Professional Engineers, Department of Business & Professional Regulation) 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
Teresa M. Keiffer Curry appeals a final administrative order from the Department of Business and Professional Regulation, Board of Professional Engineers, denying her request for a formal hearing before the Division of Administrative Hearings as provided by section 120.57(1), Florida Statutes (2003). Her petition and amended petition for a formal hearing identify a disputed issue of material fact, thus entitling her to a formal hearing. See Iazzo v. Dep’t of Prof'l Reg., Bd. of Psychological Exam’rs, 638 So.2d 583, 586 (Fla. 1st DCA 1994); Village Saloon, Inc. v. Div. of Alcoholic Beverages & Tobacco, Dep’t of Bus. Reg., 463 So.2d 278, 283 (Fla. 1st DCA 1984).
Accordingly, we reverse the order and remand to the Board of Professional Engi[1259]*1259neers with directions that it refer the case to. the Division of Administrative Hearings for a formal evidentiary hearing.. :
REVERSED and REMANDED.
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873 So. 2d 1258, 2004 Fla. App. LEXIS 7563, 2004 WL 1176170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curry-v-florida-board-of-professional-engineers-department-of-business-fladistctapp-2004.