Smith v. Department of Business & Professional Regulation, Board of Clinical Laboratory Personnel
This text of 627 So. 2d 1346 (Smith v. Department of Business & Professional Regulation, Board of Clinical Laboratory Personnel) 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
This is an appeal brought by a license applicant from a decision of the Department of Business and Professional Regulation, Board of Clinical Laboratory Personnel [the Department], denying his application for a technician’s license.
The record reflects that the applicant’s petition for a formal hearing before the Division of Administrative Hearings [DOAH], demonstrated the existence of disputed material facts, thus entitling the applicant to a formal hearing pursuant to Section 120.57(1), Florida Statutes (1993). See Taylor v. School Bd. of Seminole County, 538 So.2d 150 (Fla. 5th DCA 1989); Village Saloon, Inc. v. Division of Alcoholic Beverages and Tobacco, Dep’t of Business Regulation, 463 So.2d 278 (Fla. 1st DCA 1984). Accordingly, it was error for the Department to proceed with an informal hearing.
The final order denying the application for licensure is quashed, with instructions to the Department to forward the applicant’s petition to the DOAH.
Reversed and remanded with directions.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
627 So. 2d 1346, 1993 Fla. App. LEXIS 12653, 1993 WL 536059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-department-of-business-professional-regulation-board-of-fladistctapp-1993.