Commission on Human Relations v. Bentley

ROBERT P. SMITH, Jr., Chief Judge.

The Commission on Human Relations, chapter 23, part IX, Florida Statutes (1981), appeals from an order of the Division of Administrative Hearings declining the Commission’s request for a DOAH hearing officer to conduct section 120.57(1) proceedings leading to a recommended order, section 120.57(l)(b)8, determining the substantial interests of a party. Alternatively the Commission seeks a writ of mandamus compelling DOAH to proceed as requested pursuant to section 120.57(1).

The narrow issue is whether the proceedings envisioned by the Commission will determine…