State, Department of Administration v. Herring

BARFIELD, Judge.

The Department of Administration appeals its hearing officer’s final order striking language from rule 22SM-3.007(5), Florida Administrative Code, as an invalid exercise of delegated legislative authority. We reverse the hearing officer’s findings that appellee Richard Herring had a vested interest in payment of annual leave credits, that the proposed rule amendment was not properly noticed, and that the economic impact statement was legally insufficient.

In 1984 appellee (an attorney) took a position with the Department of Health and Related Services (HRS) within the Senior…