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BUTLER v. BOARD OF NURSING

No. 1D12-3497.

107 So.3d 1184 (2013)

Rodger BUTLER, Appellant, v. BOARD OF NURSING, STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 14, 2013.

Attorney(s) appearing for the Case

Rodger Butler, pro se, Appellant.

Therese A. Savona , Assistant General Counsel, Prosecution Services Unit, Department of Health, Tallahassee, for Appellee.

PER CURIAM.

Rodger Butler appeals the Florida Board of Nursing's final order revoking his state nursing license, alleging he was denied due process when he was not notified of the final hearing at which his license was revoked. The Department of Health concedes that, although the failure to properly notify Butler was unintentional, it is nevertheless a material procedural error requiring reversal and remand. See § 120.68(7)(c) Fla. Stat.(2011).

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