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STATE BD. OF ADMIN. v. HUBERTY

Nos. 1D09-5452, 1D10-0534.

46 So.3d 1144 (2010)

STATE BOARD OF ADMINISTRATION, Appellant, v. Sharon R. HUBERTY, Appellee. Sharon R. Huberty, Appellant, v. State Board of Administration, Appellee.

District Court of Appeal of Florida, First District.

November 2, 2010.

Attorney(s) appearing for the Case

Cynthia S. Tunnicliff and Brian A. Newman of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for the State Board of Administration.

Timothy P. Atkinson of Oertel, Fernandez, Cole & Bryant, P.A., Tallahassee, for Sharon R. Huberty.

WEBSTER, J.

In these two consolidated appeals, the State Board of Administration seeks review of a final order of the Division of Administrative Hearings invalidating what the administrative law judge held was an unadopted rule interpreting section 121.4501(4)(a)1.a., Florida Statutes (2002), as permitting state employees to leave the Florida Retirement System Pension Plan and enroll in the alternative Investment Plan by telephone; and Sharon Huberty seeks review...

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