Burgess v. Department of Commerce

Burgess appeals a final administrative order of the Department of Commerce (DOC) *1259which denied her petition for a formal administrative hearing filed with DOC. § 120.57(1), Fla.Stat. (1979). We hold that Burgess is entitled to a hearing and reverse.

In December, 1979, DOC sought approval from the Department of Administration (DOA) to exempt from the Career Service system Burgess’ position as Administrator of Tourism Development. Subsequently, DOA approved the position as exempt. DOC notified Burgess of the exemption, giving her the choice of continuing in the position without the protection of…