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AGENCY FOR HEALTH CARE v. FL. COALITION

No. 97-4367.

718 So.2d 869 (1998)

AGENCY FOR HEALTH CARE ADMINISTRATION, BOARD OF CLINICAL LABORATORY PERSONNEL, Appellant, v. FLORIDA COALITION OF PROFESSIONAL LABORATORY ORGANIZATIONS, INC.; American Association for Clinical Chemistry, Florida Section; American Society of Clinical Pathologists, Associate Member Section; Clinical Laboratory Management Association, Greater Florida Chapters; Florida Association of Medical Technology; Florida Society for Clinical Laboratory Science; Florida Society of Histotechnology; Florida Society for Medical Technology; Florida State Society of American Medical Technologists; Florida State Society of Cytology; Northwest Florida Laboratory Association; Professional Association of Laboratory Medicine, Appellees, and Florida Association of Blood Banks, Inc., Intervenor.

District Court of Appeal of Florida, First District.

Rehearing Denied October 2, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Edwin A. Bayo, Assistant Attorney General, Tallahassee, for Appellant.

Sandra E. Allen, Tallahassee, for Appellees.

Thomas J. Guilday and Vikki R. Shirley of Huey, Guilday & Tucker, P.A., Tallahassee, for Intervenor.

ERVIN, Judge.

Appellant, Agency for Health Care Administration, Board of Clinical Laboratory Personnel (Board), challenges a final administrative order invalidating its proposed rules regarding licensure requirements for clinical laboratory employees.1 In invalidating the rules, the administrative law judge (ALJ) assigned an incorrect burden of proof to the Board and applied incorrect rulemaking requirements to its actions. We conclude...

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