Booker Creek Preservation, Inc. v. State, Department of Environmental Regulation

SHIVERS, Judge.

Appellant seeks review of hearing officer’s order dismissing petition challenging Department of Environmental Regulation policy of dismissing exceptions to a hearing officer’s proposed findings of fact unless the appealing party submits a complete written transcript of the hearing at the expense of the appealing party. Appellant contends this mandatory policy of DER is an invalid exercise of delegated legislative authority since it has not been formally adopted as a rule pursuant to Section 120.-54, Fla.Stat. (1979).

The parties stipulated that DER routinely rejects a party’s…