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DEPARTMENT OF HEALTH AND REHAB. SERVICES v. PETTY-EIFERT

No. AT-113.

443 So.2d 266 (1983)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Margaret PETTY-EIFERT and Janice Heller, Appellees.

District Court of Appeal of Florida, First District.

December 20, 1983.

Attorney(s) appearing for the Case

Claire D. Dryfuss, Asst. Gen. Counsel, Tallahassee, for appellant.

Thomas G. Sherman of Demeo & Sherman, P.A., Coral Gables, for appellee.

MILLS, Judge.

In this administrative appeal, we are asked to determine whether Rules 10D-36.22(1)(a) and 10D-36.22(1)(d), Florida Administrative Code, are an invalid exercise of delegated legislative authority. We affirm the order of the hearing officer holding the rules invalid.

In June of 1982, Petty-Eifert and Heller applied to the Department of Health and Rehabilitative Services (HRS) for a license to practice midwifery pursuant to Chapter 485, Florida...

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