Department of Professional Regulation, Board of Professional Geologists v. Davis

District Court of Appeal of Florida

Department of Professional Regulation, Board of Professional Geologists v. Davis

622 So. 2d 80, 1993 Fla. App. LEXIS 7637, 1993 WL 273853

District Court of Appeal of Florida·Decided July 22, 1993·No. Nos. 92-898, 92-2875·Published·Cited by 1 cases

Opinion

PER CURIAM.

In case number 92-898, we REVERSE the final order of the Division of Administrative Hearings finding Rule 21DD-5.002, Florida Administrative Code, “invalid when applied to Petitioner Davis and persons similarly situated,” and hold that the rule applies to the application for licensure of Phillip R. Davis. This action requires us to also REVERSE the final order of the Board of Professional Geologists in case number 92-2875 denying Davis’s application for licensure, since the licensure proceeding did not take into account the effect of the rule on Davis’s application. We reject the “default license” argument as being without merit. Case number 92-2875 is remanded to the Board of Professional Geologists for such further proceedings as are necessary in light of this opinion. Davis’s motion for attorney’s fees and costs is DENIED.

BOOTH, BARFIELD and KAHN, JJ., concur.

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PER CURIAM.

In case number 92-898, we REVERSE the final order of the Division of Administrative Hearings finding Rule 21DD-5.002, Florida Administrative Code, “invalid when applied to Petitioner Davis and persons similarly situated,” and hold that the rule applies to the application for licensure of Phillip R. Davis. This action requires us to also REVERSE the final order of the Board of Professional Geologists in case number 92-2875 denying Davis’s application for licensure, since the licensure proceeding did not take into account the effect of the rule on Davis’s application. We reject the “default license” argument as being without merit. Case number 92-2875 is remanded to the Board of Professional Geologists for such further proceedings as are necessary in light of this opinion. Davis’s motion for attorney’s fees and costs is DENIED.

BOOTH, BARFIELD and KAHN, JJ., concur.

Department of Professional Regulation, Board of Professional Geologists v. Davis, 622 So. 2d 80, 1993 Fla. App. LEXIS 7637, 1993 WL 273853 (Fla. Ct. App. 1993).

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Opinion

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