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LUCAS v. DEPARTMENT OF ADMINISTRATION

No. AY-29.

466 So.2d 386 (1985)

Oreta R. LUCAS, Appellant, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, Appellee.

District Court of Appeal of Florida, First District.

March 22, 1985.

Attorney(s) appearing for the Case

Richard H. Frank, Mark F. Kelly, and Richard T. Donelan, Jr. of Frank & Kelly, Tampa, for appellant.

William A. Frieder, Asst. Div. Atty., Div. of Retirement, Tallahassee, for appellee.

PER CURIAM.

This cause is before us challenging a final order of the Department of Administration, Division of Retirement, which holds Rule 22B-1.04(6)(e)4, Florida Administrative Code, is a valid rule, and the Division of Retirement's Memorandum 81-60 is not a rule subject to the rule-making procedures under Chapter 120, Florida Statutes (1981).

We agree with the final order that Rule 22B-1.04(6)(e)4 is a valid rule and DOR Memorandum 81-60 is not a rule...

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