Legal Opinion

Damon Maurice Bates v. John L. Winn, as the Commissioner of Education

District Court of Appeal of Florida

Decided April 16, 2015No. 1D12-4684Published

1Per curiam

Appellant, Damon Bates, challenges the revocation of his educator’s certifícate by the Education Practices . Commission (EPC). He alleges that the EPC abused its discretion by failing to afford him proper notice of his informal hearing. We find that the EPC did abuse its discretion, and we therefore reverse and remand for further proceedings.

In order for the EPC’s notice of the informal hearing to have satisfied due process, it should have been “ ‘reasonably calculated under all the circumstances’ to inform [Mr. Bates] of the time and place of the informal administrative hearing.” Highsmith…

2Cases cited3 opinions

  1. Delta Property Management v. Profile Investment, Inc.Supreme Court of Florida · 2012
  2. QUAY DEV. v. Elegante Bldg. Corp.Supreme Court of Florida · 1981
  3. Highsmith v. DEPT. OF PROF. REG.District Court of Appeal of Florida · 1986

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