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BURGESS v. DEPT. OF COMMERCE

No. UU-164.

400 So.2d 1258 (1981)

In re: the Matter of Lee Ann BURGESS, Administrator of Tourism Development, Division of Tourism, Florida Department of Commerce, Appellant, v. DEPARTMENT OF COMMERCE, State of Florida, and Department of Administration, State of Florida, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 3, 1981.

Attorney(s) appearing for the Case

Edward S. Jaffry and Van P. Russell, of Horne, Rhodes, Jaffry, Horne & Carrouth, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Don W. Davis, General Counsel, Florida Dept. of Commerce, and Samantha Boge, Asst. General Counsel, Dept. of Administration, Tallahassee, for appellees.

PER CURIAM.

Burgess appeals a final administrative order of the Department of Commerce (DOC) which 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...

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