Ross v. City of Tarpon Springs

BLUE, Chief Judge.

Henry Ross appeals the final order by the Department of Environmental Protection (DEP) that adopted an administrative law judge’s order dismissing Ross’s petition as a sanction for discovery violations. Ross argues that he did not receive adequate notice of the hearing on the motion for sanctions. We agree and reverse.

It is undisputed that the only notice Ross received regarding the hearing on the motion for sanctions was provided by a telephone message left the day before the hearing. This was insufficient notice. See Fla. Admin. Code R. 28 106.208 (stating that for…