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SYLVESTER v. FLORIDA DEPT. OF CHILDREN AND FAMILIES

No. 1D02-2846.

861 So.2d 529 (2003)

Terry SYLVESTER, Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, First District.

December 31, 2003.

Attorney(s) appearing for the Case

Megan Wall of Jacksonville Area Legal Aid, Inc., Jacksonville, for Appellant.

Roger L.D. Williams of Department of Children and Families, Jacksonville, for Appellee.

PER CURIAM.

The Department of Children and Families hearing officer erred in ruling that she did not have jurisdiction to hear this case. The controlling regulation states: "No further administrative appeal procedure exists after an individual waives his/her right to an administrative disqualification hearing and a disqualification penalty has been imposed." 7 C.F.R. § 273.16(f)(2)ii (2002). Because a disqualification...

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