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DEPT. OF HLTH. & REHAB. SERVICES v. WRIGHT

No. AP-145.

439 So.2d 937 (1983)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Gladys WRIGHT, et al., Appellees. and DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Larry A. MITCHELL d/b/A Heritage Elderly Care Facility, Appellee.

District Court of Appeal of Florida, First District.

October 11, 1983.

Attorney(s) appearing for the Case

Maureen L. McGill, Dist. I Legal Counsel, Pensacola, for appellant.

Bruce A. McDonald of Emmanuel, Sheppard & Condon, Pensacola, for appellee Ronnie Mitchell d/b/a Mitchell's Adult Congregate Living Facility.

Antony E. Fiorentino, Pensacola, for appellee Larry A. Mitchell d/b/a Heritage Elderly Care Facility.

WIGGINTON, Judge.

The Department of Health and Rehabilitative Services (department) appeals from an administrative hearing officer's conclusion, following a section 120.56 hearing, that Florida Administrative Code Rule 10A-5.18(5) constitutes an invalid exercise of delegated legislative authority. Specifically, the hearing officer found subsection 5 of Rule 10A-5.18 to be (1) invalid as being improperly promulgated due to an inadequate economic impact statement, section...

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