Legal Opinion

State Department of Health & Rehabilitative Services v. Barr

District Court of Appeal of Florida

Decided May 18, 1978No. JJ-199PublishedCited by 11 opinions

1Opinion of the Court

SMITH, Acting Chief Judge.

The Department of Health and Rehabilitative Services petitions for review of intermediate agency action in the form of an order of a hearing officer of the Division of Administrative Hearings, Department of Administration, denying the Department’s motion to dismiss respondents’ rule-challenge petition pursuant to Section 120.56, Florida Statutes (1977). Respondents contend that the Department has issued a declaratory statement, Section 120.565, which constitutes an illicit rule not promulgated in accordance with Section 120.54. See Price Wise Buying Group v. Nuzum,…

2Cases cited5 opinions

  1. State ex rel. Greenberg v. Florida State Board of DentistryDistrict Court of Appeal of Florida · 1974
  2. FLORIDA DEPT., OF OFFENDER REHAB. v. JerryDistrict Court of Appeal of Florida · 1978
  3. STATE, DEPT. OF ADMINSTRATION v. StevensDistrict Court of Appeal of Florida · 1977
  4. Price Wise Buying Group v. NuzumCourt of Appeals for the First Circuit · 1977
  5. Fiat Motors of North America, Inc. v. CalvinDistrict Court of Appeal of Florida · 1978

3Cited by11 opinions

  1. Rice v. Dept. of Health & RehabilitativeDistrict Court of Appeal of Florida · 1980
  2. Bowling v. Department of Ins.District Court of Appeal of Florida · 1981
  3. DEPT. OF HLTH. & REHAB. SERVICES v. WrightDistrict Court of Appeal of Florida · 1983
  4. Couch v. StateDistrict Court of Appeal of Florida · 1979
  5. Cenac v. Florida State Bd. of AccountancyDistrict Court of Appeal of Florida · 1981

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