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HETHER v. DEPARTMENT OF HEALTH

No. 5D06-3775.

980 So.2d 1124 (2008)

James E. HETHER, D.C., Appellant, v. DEPARTMENT OF HEALTH, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 6, 2008.

Attorney(s) appearing for the Case

Michael R. D'Lugo, of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Appellant.

Wings S. Benton, Assistant General Counsel, Prosecution Services Unit, Department of Health, Tallahassee, for Appellee.

PLEUS, J.

James Hether, D.C., appeals the Department of Health, Board of Chiropractic Medicine's ("Department") final order finding him guilty of sexual misconduct with a chiropractic patient. He raises three arguments on appeal. We reverse and remand with respect to Dr. Hether's third argument, that the Department impermissibly increased the penalties recommended by the ALJ when it added five hours of continuing education ("CE") in the area of ethics and boundaries...

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