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DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. RUFF

No. 78279.

592 So.2d 668 (1991)

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Petitioner, v. P. Michael RUFF, Etc., Respondent.

Supreme Court of Florida.

Rehearing Denied February 13, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Joseph C. Mellichamp, III, Sr. Asst. Atty. Gen., Donald D. Conn, Gen. Counsel and John B. Fretwell, Sr. Atty., Dept. of Business Regulation, Tallahassee, for petitioner.

P. Michael Ruff, Hearing Officer, in pro. per.

Geoffrey Todd Hodges of Shackleford, Farrior, Stallings & Evans, P.A. and John McNeel Breckenridge, Tampa, for intervenor/respondent Florida West Coast Beverage Distributors, Inc.

PER CURIAM.

The Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, seeks to prohibit a Division of Administrative Hearings hearing officer from exercising jurisdiction over a petition for administrative determination of the validity of emergency rules.1 The rules in issue were promulgated by the Department of Business Regulation after the United States Supreme Court decision in McKesson Corp. v. Division...

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