State, Department of Transportation v. Clancy

LEHAN, Judge.

The Department of Transportation (hereinafter the DOT) appeals a final order of *377the Department of Administration (hereinafter the DOA) reinstating appellee’s employment with the DOT. We reverse.

In its order the DOA rejected the hearing officer’s conclusion of law to the effect that even though the employee, in taking more than three days vacation without written authorization, probably believed that his absence was authorized, Florida Administrative Code rule 22A-7.010 required that the employee be deemed to have resigned. That rule provides:(2) Abandonment of Position.(a) An…