Department of Education v. Hernandez

OPINION OF THE COURT

ROBERT T. BENTON, II, Hearing Officer

*194 ORDER DETERMINING DEPOSITIONS HEARSAY INADMISSIBLE OVER OBJECTION BUT AFFORDING PETITIONER AN OPPORTUNITY TO REOPEN THE EVIDENCE

When this matter came on for hearing in Tallahassee, Florida, on June 8, 1990, petitioner offered two “criminal defense depositions” (T. 179) in lieu of the deponents’ testimony at the formal administrative hearing. Although under subpoena requiring their attendance at the administrative hearing, neither deponent in fact appeared.

Petitioner’s counsel offered the depositions “relying on . . . Rules of Civil…