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DEPT. OF BUSINESS AND PROF. REG. v. HARDEN

No. 1D07-0164.

10 So.3d 647 (2009)

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD, Petitioner, v. Adam M. HARDEN, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied June 2, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Edward A. Tellechea, Senior Assistant Attorney General, Garnett W. Chisenhall, and Daniel R. Biggins, Assistant Attorneys General, Tallahassee, for Petitioner.

No appearance, for Respondent.

VAN NORTWICK, J.

The Construction Industry Licensing Board of the Department of Business and Professional Regulation (CILB) appeals a final order from the Department of Administrative Hearings (DOAH) which determines (1) that a procedure under which license applications are reviewed by CILB constitutes an unadopted rule and, thus, is invalid; and (2) that rule 61G4-12.017, Florida Administrative Code, is an invalid exercise of legislative authority. We affirm in part...

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