License —
Emergency Suspension —
Criminal Charge — Domestic Battery, IX-2977.
Criminal Plea — Disorderly Intoxication, IX-2978.
Criminal Plea — Driving Under the Influence, IX-2979.
Criminal Plea — Petit Theft, IX-2980.
Inability In Profession (Mental Condition), IX-2981.
Inability In Profession (Polysubstance Abuse), IX-2982.
Positive Drug Screen — Cocaine, IX-2983.
Violation of Probation, IX-2984.
Renewal —
Criminal Plea — Felony Theft, IX-2985.
Termination As a Medicaid Provider For Cause, IX-2986.
License — Assistant —
Positive Drug Screen — Marijuana, IX-2987.
Declaratory Statements (See DECLARATORY STATEMENTS)
License —
Emergency Supervision —
Criminal Plea — Scheme to Defraud/Grand Theft, IX-2988.
License —
Emergency Restriction —
Indecent Exposure In Front of Minor During An Exam — Prohibition On Examination of Minors Reversed, IX-2989.
Licensure —
Exam —
Challenge to Grading — Dismissed For Lack of Standing, IX-2990.
License —
Emergency Restriction —
Controlled Substances — Inappropriate & Excessive Prescriptions, IX-2991.
Controlled Substances — Prescription Without Physical Exam, IX-2992.
Failure to Keep Requisite Written Records, IX-2993.
Emergency Suspension —
Controlled Substances — Excessive & Inappropriate Prescriptions, IX-2994.
Controlled Substances — Ignoring Patient Abuse of Marijuana & Alcohol, IX-2995.
Controlled Substances — Inappropriate or Excessive Prescriptions, IX-2996.
Controlled Substances — Mislabelling of, IX-2997.
Controlled Substances — Prescription Other Than In Course of a Professional Practice, IX-2998.
Controlled Substances — Trading For Sex, IX-2999.
Criminal Charge — Trafficking In Oxycodone, IX-3000.
Criminal Plea — Possession With Intent to Distribute Oxycodone, IX-3001.
Criminal Plea — Resisting An Officer Without Violence & Carrying a Concealed Weapon, IX-3002.
Default On Student Loan, IX-3003.
Failure to Comply With Monitoring Contract, IX-3004.
Failure to Keep Requisite Written Records, IX-3005.
Gross or Repeated Malpractice, IX-3006.
Inability In Profession (Mental Condition), IX-3007.
Lifted: Health v. Burke, IX-3008.
Lifted: Health v. Vitalis, IX-3009.
Refusal to Submit to Drug Screen, IX-3010.
Sexual Misconduct With Patient, IX-3011.
Unacceptable Level of Care, IX-3012.
Violation of Board Order, IX-3013.
Violation of Board-Imposed Probation, IX-3014.
Increased Penalty Over DOAH Recommendation Due to History of Discipline Affirmed, IX-3015.
Voluntary Relinquishment Rescinded As Fraudulent & Unlawful — Foreign Physician — Acrimonious Divorce, IX-3016.
Div. Jurisdiction Is Broad — Police Power Is More Arbitrary Because Gambling Is Inherently Dangerous, IX-3017.
Licensure (Permit) —
Horse Track —
Constitutional Challenge Cannot Be Used to Create Standing to Raise Other Issues, IX-3018.
Dismissal of Third Party Challenge Solely On Basis of Economic Interests Affirmed, IX-3019.
Standing — Economic Interests Alone Are Insufficient, IX-3020.
Quarter Horse —
Denial of Application For Permit On Basis of a Lack of Standing & Recent Statutory Amendment Without a Hearing Reversed, IX-3021.
Div. Dismissal of Third Party Challenge Affirmed, IX-3022.
Slot Machines —
551.107(6)(a) Upheld Against Constitutional Challenge, IX-3023.
Application Denied Because Controlling Officer Had Prior Felony Conviction (Production of Marijuana) — Affirmed, IX-3024.
Firefighters’ Relief & Pension Fund —
Appeal Dismissed On Basis That Assailed Order Had Not Yet Been Filed With Agency Clerk, IX-3025.
Air Pollution —
Biomass Electrical Power Plant, IX-3026.
Dioxin — No Emission Limits, IX-3027.
Applicant Has Burden of Proof (See Also Application) —
Applicant For a Permit Has Standing to Challenge Denial Per Se, IX-3028.
Exemption, IX-3029.
Has Both the Initial & Ultimate Burdens of Proof, IX-3030.
Preponderance of the Evidence, IX-3031.
Shift to Intervenor After Establishment of Prima Facie Case, IX-3032.
Applicant Has Burden of Proof, IX-3033.
Application (See Also Applicant Has Burden of Proof) —
Agency With Parallel Jurisdiction Becomes An Indispensable Party In Raising An Objection, IX-3034.
Default (See PRACTICE & PROCEDURE)
DOAH Can Consider Evidence Outside of, IX-3035.
Modification of Permit — Substantial Changes —
Only the Modification – Not the Entire Permit – Is Reviewed, IX-3036.
Must Be Reviewed Solely On the Basis of Statutory & Rule Requirements, IX-3037.
Past Violations — Consideration of, IX-3038.
Reapplication After Initial Denial Based On New Evidence, IX-3039.
Reviewed As of the Time of Hearing to Determine Compliance With Applicable Permitting Criteria, IX-3040.
Aquatic Plant Control —
Exemption For Riparian Landowner Does Not Include the Use of Any Chemicals, IX-3041.
Exemption For Riparian Landowner Examined & Found Exceeded, IX-3042.
Billboard (See TRANSPORTATION, Dept. of (DOT))
Coastal Construction Control Line (CCCL) (See Also Environmental Resource Permit (ERP), Joint Coastal) —
Beach Renourishment (See Also Joint Coastal; Environmental Resource Permit) —
CCCL Permit Is Not Required, IX-3043.
Coastal Armoring Structure —
Adjoining Shoreline & Parcels Are Considered, IX-3044.
Adverse Impacts Found Not Adequately Minimized, IX-3045.
Authority of Local Governments to Issue Emergency Permits For, IX-3046.
Cannot Be Placed Closer Than 20 Feet From Existing Structure, IX-3047.
Closing the Gap With a Different Structure Is Not Prohibited, IX-3048.
Dune Profile Is Considered, IX-3049.
Emergency Measures to Protect a Residence From Imminent Collapse, IX-3050.
Found to Constitute a “Take” of Sea Turtle Habitat, IX-3051.
Geotextile Tubes Are Not Permissible Per Se, IX-3052.
Geotextile Tubes, Dune Defined, IX-3053.
Geotextile Tubes, IX-3054.
HESCO Basket — After-the-Fact, IX-3055.
Sand-Filled Tubes — After-the-Fact — Denied, IX-3056.
Take of Sea Turtles or Their Nesting Habitat Is Not Requisite to Denial of Permit, IX-3057.
Gopher Tortoises or Their Habitat Cannot Be Disturbed, IX-3058.
Local Governmental Determinations Regarding Cannot Be Collaterally Attacked In Parallel 120 DEP Proceeding, IX-3059.
Permit Denial After Dismissal of Third Party Petition Reversed On Appeal, IX-3060.
Requirement For This Permit Examined, IX-3061.
Residence & Associated Structures, IX-3062.
Residence, IX-3063.
Conditions —
DEP Has Authority to Impose Additional Conditions, IX-3064.
DOAH Hearing Officer Has Authority to Recommend Additional Conditions, IX-3065.
Split Samples For Intervenors Is Not Contemplated, IX-3066.
Construction (See Also Operating) —
Construction & Demolition Debris Landfill — Impermeable Liner Not Normally Required, IX-3067.
Construction & Demolition Debris Landfill — Unlined, IX-3068.
Construction & Demolition Debris Landfill, IX-3069.
Landfill — Class I — Private, IX-3070.
Consumptive Use (See SOUTHWEST FLORIDA WATER MANAGEMENT, Dist.)
Cumulative Impact (See Also Public Interest Test, Reasonable Assurances, Secondary Impacts) —
Analysis Has Been Effectively Nullified By Mitigation In the Same Basin & Legal Distinction Between Impacts & “Adverse Impacts,” 1201-1209-J.
Applicability to Mitigation Plans Examined, IX-3071.
No De Minimus Exception, IX-3072.
Related to Provision of Reasonable Assurances, IX-3073.
Standard Governing This Analysis — Examined, IX-3074.
Environmental Resource Permit (ERP) (See Wetland Resource; SOUTH FLORIDA WATER MANAGEMENT Dist.) —
Beach Renourishment (See Joint Coastal), IX-3075.
Beach Restoration & Dune Renourishment, IX-3076.
Beaches Designated By the Legislative As Critically Eroded —
Legislative Public Interest Declaration Is Controlling In Permitting, IX-3077.
Presumptions Can Be Challenged & Disproven In An Appropriate Proceeding, IX-3078.
Concurrent Review With Appurtenant Consent of Use, IX-3079.
Culvert Extension, IX-3080.
Dock —
Impact On Ability to Host Very Large Vessels Not Dispositive, IX-3081.
Residence, IX-3082.
Residence — Dock — Repair — Installation of Boat Lifts, IX-3083.
Endangered or Threatened Species — Impacts On Must Be Considered, IX-3084.
Exemption —
Applicant Has the Burden of Proof, IX-3085.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IX-3086.
Dock — Multi-Family Residential, IX-3087.
Dock — Residential — Modification, IX-3088.
Maintenance Dredging — Channel, IX-3089.
Maintenance Dredging — Existing Canal, IX-3090.
Strictly Construed Against Applicant, IX-3091.
Marina —
Manatees — Objection From Fish & Wildlife Conservation Comm. (FWC), IX-3092.
Private — Expansion & Repair, IX-3093.
Outstanding Fla. Waters (OFW) —
Public Interest Test Is More Stringent Than For Non-OFW Waters, IX-3094.
Phosphate Mine —
Natural Stream Distinguished From Upland Cut Ditches, IX-3095.
Reclamation & Variances, IX-3096.
Stream Defined & Discussed, IX-3097.
Restoration Project — County — Filling of Dredge Hole, Capping of Muck, Restoration of Seagrass Habitat & Creation of Mangrove Habitat, IX-3098.
Restoration of Lake & Adjacent Canals, IX-3099.
Sand & Limestone Mine, IX-3100.
General Permits —
Dock, IX-3101.
Joint Coastal (See Also Coastal Construction Control Line (CCCL), Joint Coastal) —
Beach Renourishment — City & County Are Proper Applicants, IX-3102.
Beach Renourishment — Coastal Construction Control Line (CCCL) Permit Is Not Required, IX-3103.
Beach Renourishment, IX-3104.
Legislatively Mandated Combination of Three (3) Forms of Authorization, IX-3105.
Requirement For Examined, IX-3106.
Mitigation Plans —
Adverse Impacts Only – Not All Impacts – Need Be Mitigated, IX-3107.
DEP Has Ultimate Authority Over Any Plan, IX-3108.
Monetary Donations, IX-3109.
Phosphate Mine —
Fish Collection As a Success Criterion, IX-3110.
Reclamation Activities Compliant With Pertinent Rules Constitute Adequate Mitigation Per Se, IX-3111.
Strict Proof Not Required Due to Statutory Public Policy Statements, IX-3112.
Operating —
Construction & Demolition Debris Facility — Solid Waste Processing Facility, IX-3113.
Construction & Demolition Debris Landfill — Unlined, IX-3114.
Landfill —
Objectionable Odors Offsite Are Contemplated, IX-3115.
Paper Mill —
Modification Denied — Applicant Dismissed Appeal — Third Party Cross Appeal Challenging Constitutionality of a Statute Dismissed, IX-3116.
Relocation of Discharge, IX-3117.
Renewal —
Wastewater Treatment Plant — Modification — Municipal, IX-3118.
Public Interest Test (See Also Cumulative Impact, Reasonable Assurances, Secondary Impacts) —
Balancing of Relevant Statutory Factors Is Required — DEP Has Ultimate Authority & Responsibility, IX-3119.
Balancing of Relevant Statutory Factors Is Required, IX-3120.
Conclusion of Law Within Substantive Jurisdiction of DEP, IX-3121.
DEP Has Broad Discretion to Determine, IX-3122.
Examined, IX-3123.
Factual Predicate Must Be Established By a Preponderance of the Evidence, IX-3124.
Impact On Endangered or Threatened Species — Manatees, IX-3125.
Monetary Donations, IX-3126.
Navigation —
Slight Inconvenience Does Not Amount to a Hazard, IX-3127.
Unskilled or Intoxicated Boaters Are Not Considered, IX-3128.
Outstanding Fla. Waters, IX-3129.
Private Activities Conducted For Private Purposes Are Considered, IX-3130.
Seven (7) Part Test, IX-3131.
View — Impact On Found to Be Minimal, IX-3132.
Reasonable Assurances (See Also Cumulative Impact, Public Interest Test, Secondary Impacts) —
Applicant Has the Ultimate Burden of Proof Regarding, IX-3133.
Burden of Proof —
Establishment & Effect of the Prima Facie Case Regarding, IX-3134.
On Applicant By a Preponderance of the Evidence, IX-3135.
On Applicant, IX-3136.
Preponderance of the Evidence, IX-3137.
Conclusion of Law, IX-3138.
DEP Has Ultimate Responsibility Regarding, IX-3139.
DEP Not DOAH Must Make the Ultimate Determination Regarding, IX-3140.
De Minimus Impacts, IX-3141.
Defined & Discussed, IX-3142.
Detailed Site Plans/Engineering Studies/Expert Testimony Suffice, IX-3143.
Every Known Test or Study Need Not Be Conducted, IX-3144.
Found Lacking, IX-3145.
Mere Speculation Over What Might Occur Is Irrelevant, IX-3146.
Mixed Question of Fact & Law, IX-3147.
Never Absolute, IX-3148.
Project Alternatives Are Considered, IX-3149.
Voluntary Monitoring, IX-3150.
Worse Case Scenario — Not Presumed, IX-3151.
Secondary Impacts (See Also Cumulative Impact, Public Interest Test, Reasonable Assurances) —
Marinas — Standards Governing Review, IX-3152.
Outstanding Fla. Waters, IX-3153.
Should Be Considered, IX-3154.
Septic Tank —
Commercial —
Restaurant — Expansion — Denied, IX-3155.
Residential —
Dept. Discretion Regarding Examined, IX-3156.
Failure to Remove Unsuitable Soil From Under the Drainfield, IX-3157.
Innovative Designs Must Still Meet All Regulatory Requirements, IX-3158.
No Mound Drainfield System, IX-3159.
Removal of a Drain Field Without a Permit, IX-3160.
Variance — Intentionally-Created Hardship — Found Lacking, IX-3161.
Variance — Lot Density Requirement, IX-3162.
Variance — Reduced Setback From Well, IX-3163.
Variance — Residential — Suwannee River — Closed Drainfield System Within Required Setback — Permit Denied, IX-3164.
Surface Water Management (See SOUTH FLORIDA WATER MANAGEMENT Dist.; ST. JOHNS RIVER WATER MANAGEMENT Dist.)
Third Party Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Failure to Timely File a Petition — Proposed Permit Modifications Do Not Create a Second Clear Point of Entry, IX-3165.
Notice —
Agent Can Receive Written Notice On Behalf of a Principal – Especially If An Attorney, IX-3166.
Constructive Notice Commences Time Period For Requesting a Hearing, IX-3167.
Written Request For Actual Notice Is Required, IX-3168.
Notification of Proposed Agency Action —
DEP Accepts Both Written & Oral Requests, IX-3169.
Found Not Requested, IX-3170.
Standing —
403.412(5) — County Has Standing Without Proof That Substantial Interests Are Affected, IX-3171.
403.412(5) — Does Nothing to Diminish Standing of Those Who Are Not Fla. Residents, IX-3172.
Air Pollution Permit — Electric Power Plant — Resident, IX-3173.
Association — Numerosity Requirement, IX-3174.
Association — Substantial Numbers Criteria, IX-3175.
Association, IX-3176.
Burden of Proof Is On Petitioner By a Preponderance of the Evidence, IX-3177.
Burden of Proof Is On the Petitioner, IX-3178.
Burden of Proof Regarding Exhaustively Explored, IX-3179.
Cannot Be Eliminated Retroactively After the Merits of a Case Are Reached, IX-3180.
Cannot Be Established By Consent, IX-3181.
Conclusion of Law Within the Sole Discretion of the DOAH ALJ, IX-3182.
Conclusion of Law, IX-3183.
DOAH Ruling That Standing Was Lacking Rendered Moot By Party’s Participation Nonetheless, IX-3184.
Defined & Discussed, IX-3185.
Does Not Depend On the Merits of the Underlying Claim, IX-3186.
Environmental Not Property Interests Must Be Asserted, IX-3187.
Establishment of For One Intervenor Dispenses of Need to Question Standing of Other Intervenors, IX-3188.
Exemption From Permitting Requirements, IX-3189.
Forward Looking Concept Unrelated to the Merits of a Case, IX-3190.
Identification As Individuals Rather Than Trustees Found Excusable, IX-3191.
Independent of the Merits of the Case, IX-3192.
Injury — Actual Injury Is Not Required, IX-3193.
Injury — Must Be Real & Immediate-Not Hypothetical, IX-3194.
Injury In Fact, IX-3195.
Intervenor Cannot Expand the Scope of the Original Suit, IX-3196.
Intervenor Rights Found Subordinate to & Dependent On Those of Petitioner, IX-3197.
Issue Regarding Is Not to Be Comingled With the Merits of a Case, IX-3198.
Issue Regarding Rendered Moot After Proper Participation At Hearing Is Afforded, IX-3199.
Issue of Subject Matter Jurisdiction, IX-3200.
Late-Filed Petitions, IX-3201.
Merits of the Case Are Not Material, IX-3202.
Proof of Need Not Be By Testimony, IX-3203.
Residency In Fla. Is Not Germane, IX-3204.
Special Injury Need Not Be Shown, IX-3205.
Substantial Interest Test — Defined, IX-3206.
Substantial Interest Test — Found Not Satisfied, IX-3207.
Substantial Interest Test — Found Satisfied, IX-3208.
Substantial Interest Test — General Desire For Stare Decisis Does Not Constitute, IX-3209.
Substantial Interest Test — Impediment to Navigation — Temporary, IX-3210.
Two (2) Prong Test, IX-3211.
Zone of Interest — Economic Interests, IX-3212.
Zone of Interest, IX-3213.
Wastewater Discharge —
Reverse Osmosis Water Treatment Plan, IX-3214.
Wastewater Treatment Plant (See Operating)
Wetland Resource (See Also Environmental Resource Permit (ERP) —
Island Restoration Project In Pensacola Bay, IX-3215.
Road Widening Project — Leon County, IX-3216.
Central Abuse Registry (See Also CHILDREN & FAMILIES, Dept. of (DCF); HEALTH CARE ADMINISTRATION, Agency For (AHCA); JUVENILE JUSTICE, Dept. of (DJJ) —
Exemption From Disqualification —
Status As An Intervenor In a Parallel DCF Case Questioned, IX-3217.
Circuit Court Order For APD to Commit a Client to a Mentally Retarded Defendant Program (MRDP) Affirmed, IX-3218.
Community-Based Waiver Program (See Also MEDICAID) —
Agency — Has the Burden of Proof By a Preponderance of the Evidence, IX-3219.
Agency Assignment to Tier One 1 —
Requirements Governing Assignment to, IX-3220.
Agency Assignment to Tier 2 —
Person Eligible For Tier One Cannot Be Assigned to Tier 2 Just Because Needs Can Be Met By the Tier 2 Expenditure Cap. — Reversed, IX-3221.
Agency Assignment to Tier 3 —
Affirmed, IX-3222.
Examined & Reversed, IX-3223.
Instead of Tier 1 Reversed & Remanded, IX-3224.
Reversed & Remanded on Basis of Misinterpretation of Relevant Rule, IX-3225.
Agency Assignment to a Tier Examined, IX-3226.
Agency Consideration of a Client’s Needs Is Not Limited to Services Listed “In the Rule”, IX-3227.
Agency Denial & Reduction In Services —
Affirmed & Reversed In Part, IX-3228.
Requirement For a Roommate/Caretaker, IX-3229.
Agency Denial of Benefits Due to Absence of a Developmental Disability Affirmed, IX-3230.
Agency Responsibilities Regarding Implementation of This Program Examined, IX-3231.
Avoidance or Mitigation of Institutionalization Is a Primary Goal, IX-3232.
Developmental Disability Defined, IX-3233.
Each Tier Has An Expenditure Limit, IX-3234.
Exceptional Behavioral Problems or Intense Medical Needs Found Lacking, IX-3235.
Expenditure Limits Are Necessary to Balance Delivery of Services With Availability of Appropriated Funds, IX-3236.
Four (4) Tier Structure of This Program Examined, IX-3237.
Medically Necessary Services In Patient Cost Plan Are Not Approved By Rule, IX-3238.
Medically Necessary Services Must Be Individualized, IX-3239.
Mentally Retarded Defendant Program (MRDP) —
393 & 916 Examined, IX-3240.
Circuit Court Has Exclusive Authority Over Commitments, IX-3241.
Partial Denial & Reduction In Services —
In-Home Support Services — Personal Emergency Response System — Artificial Tears — Affirmed & Reversed, In Part, IX-3242.
Reduction In Personal Care Assistance Benefits Reversed, IX-3243.
Relationship Between AHCA & Agency For Persons With Disabilities Examined, IX-3244.
Termination of Provider Contractor — AHCA Denial of Petition For Formal 120 Hearing Affirmed, IX-3245.
Involuntary Commitment —
Agency Commitment Based On Expert Opinions Predicated Solely Upon Hearsay Reversed, IX-3246.
Cannot Be Based On Unproven Allegations, IX-3247.
Declaratory Statement (See DECLARATORY STATEMENTS) —
Question As to Propriety of Association With Anti-Aging Physicians — Petition Denied, IX-3248.
License —
Emergency Suspension —
Allowing Unlicensed Personnel Access to the Pharmacy, IX-3249.
Conspiracy to Distribute Oxycodone, IX-3250.
Controlled Substances — Dispensing Other Than In the Course of the Professional Practice, IX-3251.
Criminal Charge — Conspiracy to Traffic In Controlled Substances, IX-3252.
Criminal Charge — Driving Under the Influence (DUI), IX-3253.
Criminal Charge — Illegal Possession of Hydrocodone & Ambien By Employee, IX-3254.
Criminal Charge — Possession of Hydrocodone, IX-3255.
Criminal Charge — Possession of a Controlled Substance Without a Prescription, IX-3256.
Criminal Charge — Trafficking In Illegal Drugs — Hydrocodone, IX-3257.
Criminal Conviction — Scheme to Modify Intellectual Property & Petit Theft, IX-3258.
Criminal Plea — Conspiracy to Dispense & Distribute Oxycodone, IX-3259.
Criminal Plea — Conspiracy to Distribute Controlled Substances, IX-3260.
Criminal Plea — Conspiracy to Traffic In Controlled Substances, IX-3261.
Criminal Plea — Distribution of Controlled Substances, IX-3262.
Criminal Plea — Driving Under the Influence (DUI), IX-3263.
Criminal Plea — Health Care Fraud, IX-3264.
Criminal Plea — Making Materially False Statements to a Federal Health Care Program, IX-3265.
Criminal Plea — Obtaining Controlled Substance By Fraud, IX-3266.
Criminal Plea — Possession of Controlled Substances, IX-3267.
Criminal Plea — Possession of Oxycodone Without a Prescription, IX-3268.
Criminal Plea — Possession of a Controlled Substance, IX-3269.
Criminal Plea — Sale of Controlled Substances, IX-3270.
Criminal Plea — Trafficking In Hydrocodone & Alprazolam, IX-3271.
Dispensing Anabolic Steroids & Human Growth Hormones In Excessive & Inappropriate Qualities, IX-3272.
Dispensing Controlled Substances In Excessive or Inappropriate Quantities, IX-3273.
Dispensing Controlled Substances Outside the Course of the Professional Practice, IX-3274.
Dispensing Controlled Substances Without First Being Furnished a Valid Prescription, IX-3275.
Dispensing Controlled Substances to Oneself Based Upon a Fraudulent Prescription, IX-3276.
Diversion of Controlled Substances, IX-3277.
Failure to Comply With IPN Monitoring Contract, IX-3278.
Failure to Comply With PRN Contract, IX-3279.
Failure to Fully Execute PRN Contract, IX-3280.
Failure to Have Pedigree Papers For Prescription Drugs In Inventory, IX-3281.
Failure to Report Criminal Plea to Board, IX-3282.
Failure to Report Violations of Others, IX-3283.
Filling Prescriptions Written On the Mere Basis of An Internet Questionnaire Without An Actual Examination, IX-3284.
Fraudulent Conduct, IX-3285.
Inability In Profession (Alcohol Abuse), IX-3286.
Inability In Profession (Cocaine Dependence), IX-3287.
Inability In Profession (Controlled Substance Abuse), IX-3288.
Inability In Profession (Impaired At Work), IX-3289.
Inability In Profession (Mental Condition), IX-3290.
Inability In Profession (Opiate Dependency), IX-3291.
Inability In Profession (Polysubstance Abuse), IX-3292.
Kickback From a Physician, IX-3293.
Medicaid Fraud, IX-3294.
Misuse of Computer System In the Pharmacy, IX-3295.
Obtaining License By Fraud, IX-3296.
Placing Returned or Adulterated Prescriptions In Stock, IX-3297.
Positive Drug Screen — Alcohol & Opiates, IX-3298.
Positive Drug Screen — Cannabis, IX-3299.
Positive Drug Screen — Cocaine, IX-3300.
Positive Drug Screen — Hydrocodone, IX-3301.
Positive Drug Screen — Phenobarbital, IX-3302.
Positive Drug Screen — Propoxyphene, IX-3303.
Positive Drug Screen — Tamadol, IX-3304.
Self-Medication, IX-3305.
License — Intern —
Emergency Suspension —
Controlled Substances — Obtaining By Fraud, IX-3306.
Criminal Charge — Diversion of Controlled Substances (Hydrocodone), IX-3307.
Criminal Charge — Trafficking In Hydrocodone, IX-3308.
Criminal Plea (False Statements to Federal Health Care Programs), IX-3309.
Criminal Plea — Diversion of Controlled Substances (Hydrocodone), IX-3310.
Criminal Plea — Grand Theft & Medicaid Fraud, IX-3311.
Criminal Plea — Health Care Fraud, IX-3312.
Criminal Plea — Obtaining a Controlled Substance By Fraud, IX-3313.
Positive Drug Screen — Cocaine/Marijuana/Oxycodone, IX-3314.
Refusal to Submit to Drug Screen, IX-3315.
License — Technician —
Criminal Charge — Dealing In Stolen Property/Trafficking Prescription Drugs/Grand Theft, IX-3316.
Diversion/Theft of Controlled Substances For Illegal Resale, IX-3317.
Emergency Suspension —
Controlled Substances — Obtaining By Fraud, IX-3318.
Criminal Charge — Obtaining a Controlled Substance By Fraud, IX-3319.
Criminal Charge — Trafficking In Illegal Drugs — Hydrocodone, IX-3320.
Criminal Plea — Obtaining a Controlled Substance By Fraud, IX-3321.
Criminal Plea — Possession of Drug Paraphernalia, IX-3322.
Criminal Plea — Possession of Hydrocodone With Intent to Sell, IX-3323.
Criminal Plea — Possession of a Controlled Substance, IX-3324.
Criminal Plea — Retail Theft, IX-3325.
Diversion of Controlled Substances, IX-3326.
Failure to Fully Execute PRN Contract, IX-3327.
False Statement On Licensure Application, IX-3328.
Inability In Profession (Alcohol Abuse), IX-3329.
Inability In Profession (Controlled Substance Abuse), IX-3330.
Inability In Profession (Mental Condition), IX-3331.
Licensure — Technician
Criminal Plea — Unlawful Sexual Activity With Minor, IX-3332.
Negative Drug Formulary Discussed, IX-3333.
Declaratory Statements (See DECLARATORY STATEMENTS)
License —
Emergency Suspension —
Controlled Substances — Improper Use of Presigned Prescription Forms to Self-Medicate, IX-3334.
Criminal Charge — Obtaining a Controlled Substance By Fraud, IX-3335.
Criminal Plea — Grand Theft, IX-3336.
Failure to Timely Report a Criminal Conviction to the Board, IX-3337.
Inability In Profession (Alcohol/Benzodiazepine Abuse), IX-3338.
Positive Drug Screen — Benzodiazepines, IX-3339.
Termination From the Medicaid Program, IX-3340.
Declaratory Statement (See DECLARATORY STATEMENTS)
License —
DOAH Nonfinal Order Compelling Discovery of Dept. of Health Investigatory Records Affirmed & Reversed In Part, IX-3341.
Emergency Restriction —
Controlled Substances — Prescription In Excessive Amounts, IX-3342.
Controlled Substances — Prescription Other Than In Course of Practice, IX-3343.
Unacceptable Level of Care, IX-3344.
Emergency Suspension —
Criminal Plea — Possession of Controlled Substances, IX-3345.
Criminal Plea — Possession of Hydrocodone/Obtaining Controlled Substance By Fraud, IX-3346.
Criminal Plea — Submitting False Claims, IX-3347.
Default On Student Loan, IX-3348.
Failure to Pay Student Loan, IX-3349.
Failure to Keep Requisite Written Records, IX-3350.
Unacceptable Level of Care, IX-3351.
Class Size Amendment — Public Schools —
Polk County Found Not Constitutionally Prohibited From Funding, IX-3352.
APA —
Designed to Ensure Due Process & Fair Treatment For Affected Persons, IX-3353.
Explicit Exemption From Not Required — Can Be Implicit From Statutory Scheme, IX-3354.
Agency —
Agency Head Can Delegate Final Order Authority Unless Explicitly Prohibited By Statute —
Imputing Otherwise On Basis of Bill Analysis Not Contemplated, IX-3355.
County Tax Collector Operating As An Agent of the Dept. of Highway Safety & Motor Vehicles Does Not Constitute, IX-3356.
Creature of Statute — No Inherent Powers, IX-3357.
Defined & Discussed, IX-3358.
Early Learning Coalition (ELC) of Duval Does Not Constitue —
ELC Not a Subdivision of Agency For Workforce Innovation, IX-3359.
Private Entity That Contractually Agrees to Provide Services For a State Agency Found Not to Constitute, IX-3360.
Quasi-Judicial Action Distinguished From Quasi-Legislative Action, IX-3361.
State University Constitutes, IX-3362.
State University Does Not Constitute When Acting Pursuant to Constitutional Authority — Student Discipline, IX-3363.
State University Does Not Constitute When Acting Pursuant to Constitutional Authority, IX-3364.
Two (2) Accepted Tests For Determining, IX-3365.
Agency Action —
Regional Water Supply Plan Found to Constitute, IX-3366.
Attorney’s Fees & Costs (See Also ADMINISTRATION Comm., Comprehensive Plan — Local; COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan; MEDICINE, Bd. of) —
57.041 —
A Party Does Not “Prevail” Simply Because a $4,000,000 Damage Award Is Smaller Than Originally Sought, IX-3367.
Applies to All Civil Actions Except Those Governed By More Specific Statutes, IX-3368.
Defined, IX-3369.
57.105 —
Appellate Standing — More Stringent Than Administrative Standing — Absence of Supports An Award, IX-3370.
Available For Defense of Frivolous 57.105 Petition, IX-3371.
Award Cannot Be Circumvented By Rearguing the Facts, IX-3372.
Award Denied In Lieu of a Finding That An Award As An Element of Damages Is Warranted, IX-3373.
Award Shall Be Made If Circumstances Warrant, IX-3374.
Awarded — Except For Agency Failure to Offer Evidence In Support of Petition, IX-3375.
Awarded Against Third Party Intervenors & Their Attorney For Bringing An Appeal Without Standing, IX-3376.
Awarded, IX-3377.
Condition Precedent to An Award Examined, IX-3378.
Consumptive Use Permit, IX-3379.
Contrasted From 120.595 — Complete Absence of Any Justicable Controversy Need Not Be Shown, IX-3380.
Denied, IX-3381.
Distinctions Between 57.105(1) & 57.105(2) — “Claim or Defense” Vis. “Any Action”, IX-3382.
Expansion of Historic Standards For Imposition of Sanctions, IX-3383.
Frivolousness Need Not Be Shown, IX-3384.
Improper Purpose Defined, IX-3385.
Insufficient Admissible Evidence Distinguished From No Evidence, IX-3386.
Losing Party’s Attorney Can Be Spared From Liability Under Certain Circumstances But Cannot Be Solely Liable, IX-3387.
No Justicable Controversy Standard, IX-3388.
Primary Purpose Behind Examined, IX-3389.
Pro Se Third Party Intervenor, IX-3390.
Procedural Prerequisites — Grounds Outlined In Original Notice Cannot Be Expanded Post-Hearing, IX-3391.
Remand to DOAH For Consideration of Claim For, IX-3392.
Standards Governing Awards Examined, IX-3393.
Untimely Denial of Rule Variance, IX-3394.
112.317(8) (See ETHICS, Comm. On)
120.569(2)(c) —
Aimed At Conduct of Counsel Not the Outcome, IX-3395.
Awarded — In Favor of Agency, IX-3396.
Awarded, IX-3397.
Burden of Proof — Petitioner — Preponderance of the Evidence, IX-3398.
Burden of Proof — Petitioner, IX-3399.
DEP Permit & Consent of Use, IX-3400.
DOAH – Not the Referring Agency – Has Exclusive Jurisdiction to Award, IX-3401.
DOAH Dockets As a New Case, IX-3402.
DOAH Enters a Separate Final Order, IX-3403.
Delay In Seeking Sanctions Is Probative, IX-3404.
Denied, IX-3405.
Fees For Parallel Circuit Court Mandamus Proceeding Found Recoverable As Well, IX-3406.
Focus Is On the Conduct of the Counsel Not the Outcome, IX-3407.
Found, IX-3408.
Improper Purpose — Defined & Discussed, IX-3409.
Improper Purpose — Determined Based on Circumstances As of the Time of Filing the Offending Document, IX-3410.
Improper Purpose — Found Lacking, IX-3411.
Improper Purpose — Objective Standard Is Utilized In Determining, IX-3412.
Improper Purpose — Objective Standard Utilized, IX-3413.
Petitioner’s Duty to Make a Reasonable Inquiry Prior to Filing, IX-3414.
Post-Hearing Filing Accepted, IX-3415.
Post-Hearing Motion For Is Frowned Upon, IX-3416.
Purpose Is Deterence Not Fee Shifting or Compensation, IX-3417.
Purpose of Award Examined, IX-3418.
Remand to DOAH For Consideration of Claim For, IX-3419.
Request For Sanctions Directed Against Stipulation Instead of the Initial Pleading, IX-3420.
Subjective Intent of Party — Not Considered, IX-3421.
120.595 —
Agency Finds a Lack of Substantive Jurisdiction Over Thus No Authority to Reject DOAH Conclusion Regarding, IX-3422.
Agency Has the Burden to Prove Either Substantial Justification or Special Circumstances, IX-3423.
Appellate Fees — Awarded, IX-3424.
Appellate Remand — DOAH Determination of Amount, IX-3425.
Award Against An Agency, IX-3426.
Award Not Limited to Petitioner — Intervenors Can Recover, IX-3427.
Awarded, IX-3428.
Burden of Proof — Petitioner — Preponderance of the Evidence, IX-3429.
Condition Precedent to An Award Examined, IX-3430.
Consumptive Use Permit, IX-3431.
DOAH Denial of — Reversed, IX-3432.
Denied, IX-3433.
Expert Testimony Must Support Any Fee Award, IX-3434.
Federal Caselaw Is Analogous But Not Dispositive, IX-3435.
Gross Abuse of Agency Discretion Found, IX-3436.
Improper Purpose — Defined & Discussed, IX-3437.
Improper Purpose — Found Lacking, IX-3438.
Improper Purpose — Objective Standard Utilized, IX-3439.
Intervenors Cannot Recover, IX-3440.
Multiple Petitioners Bringing Identical Challenges Treated As One (1) Case For Purposes of $15,000 Cap On Award, IX-3441.
Non-Prevailing Adverse Party — Defined & Discussed, IX-3442.
Non-Prevailing Party — Defined & Discussed, IX-3443.
Non-Prevailing Party — Imposition of Permit Conditions, IX-3444.
Post-Hearing Motion For Is Frowned Upon, IX-3445.
Purpose of Award Examined, IX-3446.
Substantial Justification For Agency Action — Discussed, IX-3447.
Substantial Justification For Agency Action — Found Lacking, IX-3448.
163.3184(12) —
Denied, IX-3449.
Must Be Adjudicated In a Separate Final Order, IX-3450.
766.312 (See ADMINISTRATIVE HEARINGS, Div. of, Birth-Related Neurological Injury Compensation Plan)
Appellate Fees —
Fees For Successful Claims Only Should Be Awarded, IX-3451.
Lower Tribunal Has No Jurisdiction to Award, IX-3452.
Can Be Awarded As An Element of Damages In Unique Cases, IX-3453.
Costs —
Allowable vs. Disallowed Costs Carefully Surveyed, IX-3454.
Burden of Proof Regarding Examined, IX-3455.
Expert Testimony In Support of Is Not Required, IX-3456.
Expert Witness Fees, IX-3457.
Must Be Reasonable, IX-3458.
Overhead Such As Postage, Long Distance Phone Calls, Fax Transmissions, Delivery Service & Computer Research Not Recoverable, IX-3459.
Postage, Long Distance Telephone Calls, Fax Transmissions & Delivery Services — Fees Are Not Recoverable, IX-3460.
Pro Se Litigant, IX-3461.
Recoverable Costs Distinguished From Nonrecoverable Costs, IX-3462.
Recoverable Costs Examined, IX-3463.
Travel Expenses Are Not Recoverable, IX-3464.
Travel Expenses For An Attorney to Attend a Deposition Not Recoverable, IX-3465.
Uniform Guidelines Examined, IX-3466.
Costs — Disciplinary Prosecution — Dept. of Health —
Affidavit of Itemized Costs & Written Objections Discussed, IX-3467.
Affidavit of Staff Time Expanded Discussed, IX-3468.
Dept. of Health Computerized Time Traveling System Analyzed — Objection to Must Be Preserved For Appeal, IX-3469.
Equal Access to Justice Act (57.111) —
Appellate Fees Are Not Recoverable Absent Specific Authorization On Remand, IX-3470.
Burden of Proof — Petitioner — Preponderance of the Evidence, IX-3471.
Burden of Proof — Petitioner, IX-3472.
Caselaw Under Analogous Federal Provision — Fla. Act Is Similar Not Identical, IX-3473.
Caselaw Under Analogous Federal Provision — Is Pertinent, IX-3474.
Children & Families — Child Care Facility — Discipline, IX-3475.
DBPR — Div. of Alcoholic Beverages & Tobacco, IX-3476.
DBPR — Div. of Real Estate, IX-3477.
DOAH Denial of Reversed — AHCA — Denial of Home Health Agency Licensure, IX-3478.
DOAH Denial of Reversed — Medicine — Substantially Justified Agency Action Found Lacking Over Contrary DOAH Finding, IX-3479.
DOAH Dismissal of Timely Petition For Hearing Reversed, IX-3480.
DOAH Must Provide An Evidentiary Hearing On a Timely & Properly Filed Petition, IX-3481.
Definition Must Be Met At the Time Disciplinary Proceedings Were Initiated, IX-3482.
Establishment & Effect of Prima Facie Case, IX-3483.
Final Order Found Lacking — DOR Notice of Reconsideration Found Lacking, IX-3484.
Final Order Found Lacking — Recovery Precluded, IX-3485.
Financial Services — Workers’ Compensation, IX-3486.
Medicine — Physician Discipline, IX-3487.
Prevailing Party — Agency Action Must Be Initiated By the State Agency, IX-3488.
Prevailing Party — Agency Improper Denial of Licensure Does Not Divest Status As, IX-3489.
Prevailing Party — Appellate Court Vacates Final Order Below, IX-3490.
Prevailing Party — Citation Defeated Without a Complaint or Final Order — 57.111 Inapplicable, IX-3491.
Prevailing Party — Defined, IX-3492.
Prevailing Party — Limited to Only Those Issues Actually Addressed In the Final Order, IX-3493.
Prevailing Party — Test For, IX-3494.
Probable Cause Panel — Cannot “Rubber Stamp” a Complaint Without Substantive Review of the Operative Facts & Issues, IX-3495.
Probable Cause Panel — Challenge to Configuration of Found to Be Untimely, IX-3496.
Probable Cause Panel — Found Not Legally Constituted, IX-3497.
Probable Cause Panel — Requisite Proof, IX-3498.
Purpose of Examined, IX-3499.
Revenue (DOR) — 57.111 Applicable to, IX-3500.
Small Business Party — Defined & Discussed, IX-3501.
Special Circumstances — Defense Discussed, IX-3502.
Special Circumstances — Found, IX-3503.
Stipulation As to the Amount of Fees, IX-3504.
Substantially Justified Agency Action — Agency Has the Burden of Proof Regarding, IX-3505.
Substantially Justified Agency Action — Discussed, IX-3506.
Substantially Justified Agency Action — Every Count In Complaint Need Not Be Prosecuted, IX-3507.
Substantially Justified Agency Action — Expert Testimony In Support of, IX-3508.
Substantially Justified Agency Action — Failure to Prove Allegations Below Does Not Raise a Presumption Regarding, IX-3509.
Substantially Justified Agency Action — Found, IX-3510.
Substantially Justified Agency Action — Found Lacking Over Contrary DOAH Recommendation, IX-3511.
Substantially Justified Agency Action — Found Lacking, IX-3512.
Substantially Justified Agency Action — Is Measured As of Time Action Is Initiated, IX-3513.
Substantially Justified Agency Action — May Be Based On Material Contained In the Investigative Report, IX-3514.
Substantially Justified Agency Action — Probable Cause Panel Found Not Legally Constituted, IX-3515.
Substantially Justified Agency Action — Test For Examined, IX-3516.
Methodology For Determining —
Appellate Fees Must Be Found Appropriate By the Appellate Court Even If An Award Is Mandatory, IX-3517.
Clerical Tasks Not Included In Award of Fees, IX-3518.
Competent Substantial Evidence Must Be Provided By the Attorney Performing the Services & By An Expert As to the Value of the Services, IX-3519.
Detailed Records of Services Provided and Prevailing Market Rate Must Be Presented, IX-3520.
Factors Which May Be Considered — Examined, IX-3521.
Federal Lodestar Approach — Four (4) Part Test, IX-3522.
Federal Lodestar Approach — Found Well Established & Explained, IX-3523.
Federal Lodestar Approach — Is Applicable In Florida, IX-3524.
Federal Lodestar Multiplier Discussed & Found to Be Inapplicable, IX-3525.
Federal Lodestar Multiplier Discussed, IX-3526.
Federal Lodestar Multiplier, IX-3527.
Fee Provisions Are Not to Be Applied In a Punitive Manner, IX-3528.
Fees Associated With Entitlement Recoverable — Fees Associated With Amount Not, IX-3529.
Fees Awarded Against Petitioner Individually But Not Against Related Trust, IX-3530.
Fees For Litigating the Amount of Fees to Be Awarded Is Not Recoverable, IX-3531.
Hours Actually Worked Distinguished From Hours Actually Expended, IX-3532.
Hours Actually Worked Distinguished From Hours Reasonably Expended, IX-3533.
Interest On Award Discussed, IX-3534.
Must Be Supported With Expert Testimony — Testimony of Claimant’s Attorney’s Alone Is Insufficient, IX-3535.
Petitioner Has the Burden of Proof By a Preponderance of the Evidence, IX-3536.
Prejudgment Interest Shall Be Included — Calculation of Examined, IX-3537.
Reconstruction of Time Absent Contemporaneous Time Records, IX-3538.
Risk Multiplier — Entitlement to Use of — Discussed, IX-3539.
Risk Multiplier Found Proper For Award Against the Birth Related Neurological Injury Compensation Plan, IX-3540.
Travel Time For Attorney Not Included In Award of Fees, IX-3541.
Pro Se Litigants, IX-3542.
Burden of Proof (See Also Evidence; Penal Nature of Revocation Proceeding; RULES & RULEMAKING) —
On Party Asserting the Affirmative of An Issue, IX-3543.
Class Action —
Prejudgment Interest Is Calculated From the Date of Filing, IX-3544.
Collateral Estoppel (See Also Equitable Estoppel, Estoppel, Res Judicata) —
Also Known As Issue Preclusion & Estoppel By Judgment, IX-3545.
Clear-Cut Adjudication On the Merits Is Required — Settlement Alone Is Not Operative, IX-3546.
Defined & Discussed, IX-3547.
Found Inapplicable, IX-3548.
Identical Causes of Action Are Required, IX-3549.
Identical Causes of Action Require Identical Facts, IX-3550.
Inapplicable In Event of a Material Change In Circumstances, IX-3551.
Inapplicable When Two (2) Separate & Distinct Governmental Units Act On Some Facts For Different Purposes, IX-3552.
Inapplicable, IX-3553.
Constitutional Issues (See Also CONSTITUTION (Fla.) (U.S.)) —
Agencies Cannot Adjudicate, IX-3554.
Cannot Be Utilized to Establish Standing to Raise Other Issues, IX-3555.
DOAH (See Also Attorney’s Fees & Costs, Evidence, Harmless Error, Official Recognition, Recusal; ADMINISTRATIVE HEARINGS, Div. of (DOAH); PERMITS, Condition; RULES & RULEMAKING) —
A Part of the Executive Branch of State Government, IX-3556.
Hearing Officer —
Continuance — To Obtain Out-of-State Court Records, IX-3557.
Denial of Continuance — Affirmed, IX-3558.
Personal Opinions Found Neither Fact Findings Nor Conclusions of Law & Rejected, IX-3559.
Substitution In the Event of Unavailability Is Contemplated, IX-3560.
Summary Hearing, IX-3561.
Jurisdiction —
Can Consider Dispute Over Private Use of State Lands Involving Internal Improvement Trust Fund, IX-3562.
Cannot Adjudicate Whether a Rule Complies With a Supreme Court Mandate, IX-3563.
Cannot Confer Equitable Remedies, IX-3564.
Cannot Reach Constitutional Questions — Yet Can Allow a Record to Be Built For Subsequent Judicial Review, IX-3565.
Cannot Reach Constitutional Questions, IX-3566.
Cannot Reach Federal Issues, IX-3567.
Cannot Review Circuit Court Orders, IX-3568.
DOAH Is Not a Court, IX-3569.
DOAH Is a Creature of the Legislature & An Agency of the Executive Branch, IX-3570.
None to Issue Summary Final Order, IX-3571.
Recommended Order —
Conclusions of Law (See Also APPELLATE REVIEW) — Agency Rejects, IX-3572.
Conclusions of Law — Agency Can Correct Scrivener’s Error, IX-3573.
Conclusions of Law — Agency Can Reject Sua Sponte Without a Properly Filed Exception, IX-3574.
Conclusions of Law — Agency Free to Reject, IX-3575.
Conclusions of Law — Agency Limits to the Facts At Bar, IX-3576.
Conclusions of Law — Agency Rejection of — Reversed, IX-3577.
Conclusions of Law — Agency Rejection of, IX-3578.
Conclusions of Law — Agency Rejects, IX-3579.
Conclusions of Law — Agency Restricted In Rejecting, IX-3580.
Conclusions of Law — Construction of a Rule, IX-3581.
Conclusions of Law — DOAH Labeling As Fact Findings Is Immaterial, IX-3582.
Conclusions of Law — Evidentiary Issue Outside Agency’s Substantive Jurisdiction, IX-3583.
Conclusions of Law — General Legal Concept Beyond Agency’s Specialized Jurisdiction, IX-3584.
Conclusions of Law — Limited to the Facts At Bar, IX-3585.
Conclusions of Law — Question Involving Admissibility of Evidence, IX-3586.
Conclusions of Law — Question Involving Collateral Estoppel, IX-3587.
Conclusions of Law — Question Involving Equitable Estoppel, IX-3588.
Conclusions of Law — Question Involving Equitable Tolling, IX-3589.
Conclusions of Law — Question Involving Standing, IX-3590.
Conclusions of Law — Standing — Agency Finds Substantive Jurisdiction, IX-3591.
Exceptions — A Party Must Alert the Reviewing Agency to Any Perceived Defects In the Hearing Process By the Proper Filing of, IX-3592.
Exceptions — Agency Must Make An Explicit Ruling On Each Properly Filed Exception, IX-3593.
Exceptions — Agency Need Not Rule On If Not Properly Filed, IX-3594.
Exceptions — Cannot Be Purely Argumentative, IX-3595.
Exceptions — Cannot Be Used As a Vehicle to Present Additional Testimony or Other Evidence, IX-3596.
Exceptions — Cannot Be Used to Assail a Footnote, IX-3597.
Exceptions — Fact Findings — Must Be Accompanied By Official Typed Transcript — No Entitlement to “Free Copy”, IX-3598.
Exceptions — Fact Findings — Must Be Accompanied By Official Typed Transcript, IX-3599.
Exceptions — Fact Findings — Must Cite With Particularity to Specific Portions of a Transcript, IX-3600.
Exceptions — Fact Findings — Relevancy Is Not Grounds For Rejection, IX-3601.
Exceptions — Failure to File Precludes Appellate Review, IX-3602.
Exceptions — Failure to File Waives Objection, IX-3603.
Exceptions — Failure to Identify the Legal Basis, IX-3604.
Exceptions — Must Contain Citations to Specific Findings of Fact or Conclusions of Law, IX-3605.
Exceptions — Preliminary Statement & Statement of the Issues — Granted, IX-3606.
Exceptions — Preliminary Statement — Granted, IX-3607.
Exceptions — Preliminary Statement, IX-3608.
Exceptions — Recommendation — Not Allowed, IX-3609.
Exceptions — Remand Order — New Opportunity For Filing, IX-3610.
Exceptions — Statement of Issues, IX-3611.
Exceptions — Time Limit For Filing — Directory Not Mandatory, IX-3612.
Exceptions — Time Limit For Filing — Extended By Agency, IX-3613.
Exceptions — Time Limit For Filing — Filing At DOAH Instead of Agency, IX-3614.
Exceptions — Time Limit For Filing — Not Jurisdictional, IX-3615.
Exceptions — Untimely — Considered, IX-3616.
Exceptions — Untimely — Mailing, IX-3617.
Exceptions — Untimely — Need Not Be Considered, IX-3618.
Fact Findings — Agency Cannot Evaluate the Quantity & Quality of the Evidence, IX-3619.
Fact Findings — Agency Cannot Make Additional Findings, IX-3620.
Fact Findings — Agency Cannot Reject As Irrelevant, IX-3621.
Fact Findings — Agency Cannot Reject On Basis of Agreement of Parties, IX-3622.
Fact Findings — Agency Limitation of, IX-3623.
Fact Findings — Agency Omission Is Not a Ground For Rejection, IX-3624.
Fact Findings — Agency Rejection of — Reversed, IX-3625.
Fact Findings — Agency Rejection of When Susceptible to Ordinary Methods of Proof, IX-3626.
Fact Findings — Agency Rejects As Irrelevant, IX-3627.
Fact Findings — Agency Rejects, IX-3628.
Fact Findings — Agency Special Expertise As Basis For Rejection, IX-3629.
Fact Findings — Appellate Review (See APPELLATE REVIEW)
Fact Findings — Cannot Be Rejected If Supported By “Some” Competent Substantial Evidence, IX-3630.
Fact Findings — Cannot Be Rejected On Basis of Internal Inconsistency, IX-3631.
Fact Findings — Cannot Be Rejected On Basis of Irrelevancy, IX-3632.
Fact Findings — Cannot Be Rejected On Basis of What It Fails to Do, IX-3633.
Fact Findings — Credibility Assessments of Expert Witnesses (See Also Evidence, Expert Testimony), IX-3634.
Fact Findings — DOAH Labeling As Conclusion of Law Is Immaterial, IX-3635.
Fact Findings — DOAH Must Identify Record Evidence In Support of — Agency Cannot Cure Defect, IX-3636.
Fact Findings — DOAH Must Make Specific Findings On Substantial Issues — Fact Findings — Found to Be Incomplete, IX-3637.
Fact Findings — DOAH Need Not Address Every Issue Raised, IX-3638.
Fact Findings — Evidentiary Ruling, IX-3639.
Fact Findings — Good Faith, IX-3640.
Fact Findings — Intent — Question of Fact, IX-3641.
Fact Findings — May Be Inferred From Evidence of Record, IX-3642.
Fact Findings — Presumed Correct If Unchallenged, IX-3643.
Fact Findings — Ultimate Fact Findings Defined & Discussed, IX-3644.
Letter From Petitioner Construed As, IX-3645.
Limited to the Facts At Bar & Not Given General Applicability, IX-3646.
Mixed Question of Fact & Law — Cannot Be Considered Without a Transcript, IX-3647.
Mixed Question of Fact & Law, IX-3648.
Penalty — Agency Rejection — Affirmed, IX-3649.
Penalty — Agency Rejection of — Reversed, IX-3650.
Penalty — Agency Rejection of Requires Adequate Explanation, IX-3651.
Penalty — Agency Rejection of Requires a Review of the Complete Record, IX-3652.
Penalty — Agency Rejection of, IX-3653.
Penalty — Reversed Due to Erroneous Finding of Rule Violations, IX-3654.
Proposed Recommended Order — Cannot Be Used to Raise New Arguments, IX-3655.
Recommendation Regarding Disposition of the Case Is Neither a Finding of Fact Nor a Conclusion of Law, IX-3656.
Remand to —
Agency Authority For Is Limited, IX-3657.
Agency Inherent Authority For, IX-3658.
Denied, IX-3659.
For Further Fact Finding, IX-3660.
Incorrect Burden of Proof Utilized, IX-3661.
Default (120.60(2)) —
120.57 Proceeding Regarding the Completeness of an Application Tolls the Time Limit, IX-3662.
Certificate — Teaching — 1012.56(1) Supercedes, IX-3663.
Incomplete Applications — Discussed, IX-3664.
Licensure — Denied, IX-3665.
Licensure — Discussed, IX-3666.
Waiver of Right to, IX-3667.
Discovery —
Appellate Review (See Also APPELLATE REVIEW, Nonfinal Order) —
Nonfinal Order — Generally Not Reviewable — But Review Accorded On Unusual Facts, IX-3668.
Investigative Records of An Agency —
Balancing of Parties’ Right to Confidentiality & Competing Public Policies Is Required, IX-3669.
DOAH Nonfinal Order Compelling Discovery of Records Relating to Other Licensees Reversed, IX-3670.
DOAH Nonfinal Order Compelling Discovery of Records Relating to the Licensee Subject to Discipline Granted, IX-3671.
Public Records —
Exemption From Discovery Under 119 Does Not Operate As a Blank Exemption From Discovery, IX-3672.
Trade Secrets (See Also PUBLIC RECORDS Act (119, Fla. Stat.)) —
Hearings On Requests For Confidentiality Discussed, IX-3673.
Request to Maintain Confidentiality Granted, IX-3674.
Due Process (See Also CONSTITUTION (Fla.) (U.S.)) —
Adequate Notice & An Opportunity to Be Heard, IX-3675.
Cross-Examination of Adverse Witnesses, IX-3676.
Notice of the Disciplinary Charges, IX-3677.
Procedural — Defined & Discussed, IX-3678.
Emergency Procedures —
All Requisite Factual & Legal Allegations Must Appear On the Face of the Order, IX-3679.
DOAH Continuance of Formal Hearing, IX-3680.
Emergency Suspension of MD License Quashed, IX-3681.
Facts Sufficient to Demonstrate Immediate Danger Found Lacking, IX-3682.
Immediacy of the Harm Must Be Alleged, IX-3683.
Reasonable Likelihood of Prevailing At An Evidentiary Hearing Is Required, IX-3684.
Remedy Must Be Narrowly Tailored to Properly Address the Alleged Harm — Reversed, IX-3685.
Remedy Must Be Narrowly Tailored to Properly Address the Alleged Harm, IX-3686.
Requisite Level of Urgency — Found Lacking, IX-3687.
Restriction On Examination of Minors After Criminal Plea to Indecent Exposure During An Exam Reversed, IX-3688.
Three (3) Part Test For Propriety of, IX-3689.
Equitable Estoppel (See Also Collateral Estoppel, Estoppel, Res Judicata) —
Affirmative Conduct Beyond More Negligence Is Required, IX-3690.
Applies Only In Rare Instances Under Exceptional Circumstances, IX-3691.
Defined, IX-3692.
Does Not Apply to Transactions That Are Contrary to Public Policy, IX-3693.
Failure to Prevent Actions Undertaken Does Not Give Rise to, IX-3694.
Inapplicable, IX-3695.
Positive Act Beyond Oral Advice In Writing Found Required, IX-3696.
Rarely Applies Against State, IX-3697.
Three (3) Part Test For, IX-3698.
Estoppel (See Also Collateral Estoppel, Equitable Estoppel, Res Judicata) —
Claim of Selective Enforcement Alone Will Not Support, IX-3699.
Found Applicable, IX-3700.
Inapplicable, IX-3701.
Three (3) Part Test For, IX-3702.
Evidence (See Also Burden of Proof, Penal Nature of Revocation Proceeding) —
Clear & Convincing Evidence (See Penal Nature of Revocation Proceeding) —
Defined, IX-3703.
Competent Substantial Evidence (See Also Expert Testimony) —
Bias or Prejudice of a Witness Is Relevant & Important, IX-3704.
DOAH ALJ Is Permitted to Draw Reasonable Inferences, IX-3705.
DOAH Credibility Assessments (See Also Expert Testimony), IX-3706.
Defined, IX-3707.
Expert Testimony Based Solely On Hearsay Found Not to Constitute, IX-3708.
Found Lacking, IX-3709.
Lay Testimony — Medical Issues, IX-3710.
Lay Testimony — Radical Issue, IX-3711.
Preponderance of the Evidence — Defined & Discussed, IX-3712.
Witness Testimony That She Does Not Remember An Incident Does Not Constitute, IX-3713.
Expert Testimony (See Also Competent Substantial Evidence, Probable Cause Panel) —
Cannot Be Based Solely On Hearsay, IX-3714.
Counsel Need Not Formally Proffer a Witness As An Expert, IX-3715.
DOAH Credibility Assessment Are Fact Findings, IX-3716.
DOAH Credibility Assessments (See Also Competent Substantial Evidence), IX-3717.
DOAH Rejection of — Found Not to Require a “Qualified, Contrary Expert Testimony”, IX-3718.
Excerpts From Medical Texts & Treatises May Be Used to Bolster Testimony, IX-3719.
Lay Testimony Regarding Medical Issue Is Not Probative, IX-3720.
Less Weight Is Accorded If Relevant Facts & Data Are Not In Evidence, IX-3721.
May Rest On Facts or Data Not Admissible In Evidence, IX-3722.
Need Not Be Accepted In Whole or Part Even If Uncontroverted, IX-3723.
Need Not Be Considered If It Amounts to a Conclusion of Law, IX-3724.
Hearsay —
Admissible & Probative With Other Proof, IX-3725.
Admission Against Interest Exception, IX-3726.
Alone Is Not Probative, IX-3727.
Alone Is Probative If Admissible Over Objection In Civil Proceedings, IX-3728.
Business Records Exception — Arrest & Booking Report, IX-3729.
Criminal Records Regarding a Plea, IX-3730.
Defined & Discussed, IX-3731.
Exceptions Are Strictly Construed In Compliance With the Underlying Requirements, IX-3732.
Excited Utterance Exception, IX-3733.
Letters of Reference, IX-3734.
Minor’s Testimony — Sex Abuse Victim, IX-3735.
Preponderance of the Evidence —
Defined & Discussed, IX-3736.
Presumptions (See Also CONSTITUTION (Fla.)) —
Affecting the Burden of Producing Evidence, IX-3737.
Agency Cannot Create By Rule, IX-3738.
Criteria For Analyzing the Circumstances Surrounding the Plea Examined, IX-3739.
Defined & Discussed, IX-3740.
Power to Establish Reserved Solely to the Courts & Legislature, IX-3741.
Predicate Facts Discussed, IX-3742.
Rebuttable — Defined — Permissible, IX-3743.
Final Order —
Agency Can Reopen a Case to Reconsider Its Action or Correct Mistakes, IX-3744.
Agency Cannot “Clarify” Years Later, IX-3745.
Agency Head Has Authority to Delegate the Final Decision, IX-3746.
Agency Refusal to File With Clerk — Mandamus Granted, IX-3747.
An Agency Can Vacate, IX-3748.
Budget Decisions By An Agency Do Not Constitute, IX-3749.
Doctrine of Administrative Finality (See Final Order)
Doctrine of Administrative Finality — Discussed, IX-3750.
Doctrine of Administrative Finality — Inapplicable If There Has Been a Significant Change of Circumstances or Demonstrated Public Interest, IX-3751.
Fact Findings — Must Be Specific & Support the Ultimate Conclusion, IX-3752.
Failure to File Found to Improperly Divest Right to Appeal, IX-3753.
Found to Incorrectly Rely On An Improper Basis — Affirmed But Remanded For An Amended Order, IX-3754.
Found to Lack Requisite Foundation, IX-3755.
Letter From Commissioner of Agriculture Concurring With a Council Recommendation Found Not to Constitute, IX-3756.
Mailed to the Last Known Address of Record — Licensee Has Duty to Provide Notice of Address Changes, IX-3757.
Not “Rendered” Until Filed With Agency Clerk —
Failure to Formally Designate a Clerk — De Facto Designation Discussed, IX-3758.
Not “Rendered” Until Filed With Agency Clerk, IX-3759.
Not Binding On Other Agencies, IX-3760.
Proposed Final Order — Motion to Strike Denied, IX-3761.
Formal Hearing (120.57(1)) (See Als Intervenors, Informal Hearing, Rehearing) —
Agency Action Must Be Final In Order to Be Assailable, IX-3762.
Cannot Be Used to Collaterally Attack Judicial Decision, IX-3763.
Clear Point of Entry —
Agent Can Receive Written Notice On Behalf of a Principal – Especially If An Attorney, IX-3764.
Constructive Notice Commences Time Period For Requesting a Hearing, IX-3765.
Defined & Discussed, IX-3766.
Does Not Occur Until Notice of Agency Action Is Issued, IX-3767.
Failure to Provide, IX-3768.
Must Be Accorded to Persons Whose Substantial Interests Are Affected, IX-3769.
Proposed Permit Modifications Do Not Create a Second Clear Point of Entry, IX-3770.
Continuance — Denial of, IX-3771.
De Novo In Nature —
Agency Is Free to Change Its Legal Position, IX-3772.
New Evidence Can Be Considered, IX-3773.
No Presumption of Correctness, IX-3774.
Not to Review Preliminary Agency Action, IX-3775.
De Novo In Nature, IX-3776.
Entitlement to Formal 120.57(1) Hearing —
Letter From Licensee Disputing Material Allegations Found Sufficient, IX-3777.
Expedited DOAH Hearing Accorded, IX-3778.
Foreign Language Assistance By An Interpreter, IX-3779.
Free Copy of Transcript — No Entitlement to, IX-3780.
Held In Abeyance Pending Resolution of Related Criminal Proceeding, IX-3781.
Issues Not Raised In the Pleadings Can Be Reached By Express or Implied Consent, IX-3782.
Motion to Reopen Case —
Consideration of New Charges, IX-3783.
New Issue Cannot Be Raised On the Day of the Final Hearing, IX-3784.
Notice of Right to (See Clear Point of Entry)
Petition For —
Agency Dismissal of Petition For — Reversed, IX-3785.
Must Be Filed With the Agency Clerk, IX-3786.
Pro Se Petitioner (See Pro Se Petitioners), IX-3787.
Time Extensions (See Time Limit For Requesting Is Not Jurisdictional)
Time Extensions — Agency Counsel’s Oral Extension Found Not to Be Binding, IX-3788.
Time Extensions — Request For Must Be Timely, IX-3789.
Pleadings — Issues Outside of Cannot Be Reached —
Notice of Right to — Actual — Constructive — Express — Implied, IX-3790.
Post-Hearing Supplementation of Record —
Allowed, IX-3791.
Denied, IX-3792.
Right to Is Statutory Unless a Fundamental Interest Triggers a Constitutional Right, IX-3793.
Substantial Interest —
Two (2) Prong Test, IX-3794.
Time Limit For Requesting Is Not Jurisdictional —
Burden of Proof Regarding Timeliness Is On Petitioner, IX-3795.
Calculated From the Date of Actual Receipt, IX-3796.
Equitable Tolling — Burden of Proof — On Party Asserting By a Preponderance of the Evidence, IX-3797.
Equitable Tolling — Discussed, IX-3798.
Equitable Tolling — Found Applicable, IX-3799.
Equitable Tolling — Found Inapplicable, IX-3800.
Equitable Tolling — Three (3) Part Test For, IX-3801.
Excusable Neglect — Found Inapplicable, IX-3802.
Excusable Neglect — Inapplicable, IX-3803.
Excusable Neglect — Not Available to Excuse Untimely Petition, IX-3804.
Filing Occurs When a Petition Is Received By the Agency Clerk or Outside Security Guards During Normal Business Hours, IX-3805.
Informal Discussions Found to Toll Time Limit, IX-3806.
Notice of Right to — Actual Participation Renders Defects Moot, IX-3807.
Notice of Right to — Notice to Neighbor & Former Law Firm Found to Be Inadequate, IX-3808.
Untimely Request For — Fax Transmission of Request For Hearing Allegedly Not Received — No Fax Confirmation — Denial of Hearing Reversed, IX-3809.
Untimely Request For — Found Not Curable, IX-3810.
Untimely Request For Operates As Waiver, IX-3811.
Transcript —
Burden of Furnishing Is On the Party Seeking Review At the Agency Level, IX-3812.
Free Form Agency Action —
Cannot Be Reopened After Denial of An Application For a Permit, IX-3813.
Defined & Discussed, IX-3814.
Nonfinality Implies No Right to Hearing On, IX-3815.
Harmless Error —
DOAH —
Clerical or Technical Error, IX-3816.
Erroneous Labelling of Fact Finding or Conclusion of Law, IX-3817.
Erroneous Statutory Citation, IX-3818.
Erroneous Use of Legal Term, IX-3819.
Failure to Continue Benefits During an Unsuccessful Challenge to Termination of These Benefits, IX-3820.
Incorrect Statutory Citation, IX-3821.
Informal Hearing (120.57(2)) —
Continuance Denied — Hearing Conducted Without Licensee Present — License Revoked —
Remand For New Hearing After Bd. Agrees, IX-3822.
Fact Findings Are Not Precluded, IX-3823.
Right to a Formal Hearing Found — Waived, IX-3824.
Intervenors (See Also ADMINISTRATION Comm., Comprehensive Plan — Local; ADMINISTRATIVE HEARINGS, Div. of, Consistency of Local Development Regulation (LDR) With Local Comprehensive Plan, Standing; APPELLATE REVIEW, Standing; CERTIFICATE OF NEED (CON); COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan, Consistency of Local Ordinance With Comprehensive Plan, Standing; CONSTITUTION (Fla.), Statutes, Standing; CONTRACTS (Bids/Protests), Protest, Standing; DECLARATORY STATEMENTS, Standing; ENVIRONMENTAL PROTECTION, Dept. of, Consent Order; HIGHWAY SAFETY & MOTOR VEHICLES, Dept. of, License — Motor Vehicle Dealer; PERMITS, Third Party Intervenors; RULES & RULEMAKING, Standing, Variance or Waiver; SITING Bd., Site Certification Process, Third Party Intervenors) —
Cannot Prevent An Agency From Confessing Error & Rescinding the Assailed Agency Action, IX-3825.
Rights Are Subordinate to & In Recognition of the Propriety of the Main Proceeding, IX-3826.
Standing —
Affirmative Defense That Is Waived If Not Timely Raised, IX-3827.
Allegations Contained In Petition Must Be Taken As True, IX-3828.
Conclusion of Law — Appellate Review Is De Novo, IX-3829.
Constitutional Issues Cannot Be Used to Raise Other Issues, IX-3830.
Failure to Timely Challenge Waives Objection to, IX-3831.
Injury In Fact — Defined & Discussed, IX-3832.
Injury-In-Fact — Economic Interests Alone Are Insufficient, IX-3833.
Substantial Interests — Defined & Discussed, IX-3834.
Substantial Interests — Found Lacking, IX-3835.
Substantial Interests — Must Be Based On Legal Entitlement Not Mere Unilateral Expectation, IX-3836.
Two (2) Prong Test For, IX-3837.
Zone of Interest Test Found Not Satisfied, IX-3838.
Zone of Interest Test, IX-3839.
Laches (See Also Statute of Limitations) —
Applicable to Administrative Proceedings, IX-3840.
Moot Case —
Amendment of Permitting Statute During Pending of An Application Cannot Render a Case Moot Per Se, IX-3841.
DOAH Fact Findings After Appellate Remand, IX-3842.
Found, IX-3843.
Is Not Created By Violation of Injunction Prohibiting Release of Trade Secrets, IX-3844.
Recission of Assailed Local Comprehensive Plan Amendment, IX-3845.
Standing Found Lacking — Party Allowed to Participate Fully Nonetheless, IX-3846.
Standing Issue After a Party Is Afforded Full Participation At Hearing, IX-3847.
Motion In Limine —
Denied, IX-3848.
Granted, IX-3849.
Motion For Summary Final Order Treated As, IX-3850.
Motion In Limine, IX-3851.
Nonrule Policy (See Also RULES & RULEMAKING, Unpromulgated Rule) —
Agency Burden When Relying On, IX-3852.
Official Recognition —
DOAH Recommended Order Not Yet the Subject of a Final Order — Denied, IX-3853.
Denied, IX-3854.
Granted, IX-3855.
Need Not Be Taken of Every Statute or Rule That Could In Some Way Be Relevant, IX-3856.
Penal Nature of Revocation Proceeding (See Also Evidence) —
Standard of Proof —
Clear & Convincing Evidence — Does Not Require Proof Beyond a Reasonable Doubt, IX-3857.
Clear & Convincing Evidence — Found Not Provided, IX-3858.
Clear & Convincing Evidence Defined & Discussed, IX-3859.
Clear & Convincing Evidence Is An Intermediate Level of Proof That Entails Both Qualitative & Quantitative Elements, IX-3860.
Clear & Convincing Evidence (See Also Evidence), IX-3861.
Penal Nature of Revocation Proceeding, IX-3862.
Pro Se Petitioners —
Extra Latitude Extended, IX-3863.
Need Not Utilize Buzz Words Such As “Request” or “Hearing”, IX-3864.
Probable Cause Panel —
Expert Testimony (See Also Evidence) — Credibility Assessments, IX-3865.
Failure to Legally Constitute, IX-3866.
Probable Cause Panel Cannot “Rubber Stamp” a Complaint Without Substantive Review of the Operative Facts & Issues, IX-3867.
Report Without An Investigation Is Not Sufficient, IX-3868.
Requisite Proof to Support Filing of a Complaint, IX-3869.
Reconsideration —
Denied, IX-3870.
Found Authorized, IX-3871.
Found Not Authorized, IX-3872.
Granted In Part, IX-3873.
Recusal —
Community Affairs Secretary — Delegation to Director, IX-3874.
DOAH ALJ Grant of Motion For, IX-3875.
DOAH Hearing Officer, IX-3876.
Motion For Denied, IX-3877.
Rehearing —
Motion For Denied, IX-3878.
Res Judicata (See Also Collateral Estoppel, Estoppel, Equitable Estoppel) —
Applicable, IX-3879.
Applied With Great Caution In Administrative Proceedings, IX-3880.
Clear-Cut Adjudication On the Merits Is Required — Settlement Alone Is Not Operative, IX-3881.
Defined & Discussed, IX-3882.
Doctrine of Administrative Finality (See Final Order)
Identical Causes of Action Are Required, IX-3883.
Identical Causes of Action Require Identical Facts, IX-3884.
Inapplicable When Two (2) Separate & Distinct Governmental Units Act On Same Facts For Different Purposes, IX-3885.
Inapplicable, IX-3886.
Subsequent Application Based On New Facts, Changes Circumstances & or Additional Submissions Is Not Barred, IX-3887.
Stare Decisis —
Agency Conclusion of Law Limited to the Facts of the Case, IX-3888.
Applicability to Administrative Proceedings, IX-3889.
Cannot Be Utilized to Support Agency Action Contrary to State Statute, IX-3890.
Core Principle of Our System of Justice, IX-3891.
Deviation From Precedent Must Be Explained, IX-3892.
Disciplinary Penalty — Application of Examined, IX-3893.
Failure to Implement Reversible Error, IX-3894.
Found to Be a “Preferred” Legal Principle, IX-3895.
Long Standing Reliance On Is Probative, IX-3896.
Mistaken Applications of Law Need Not Be Adhered to, IX-3897.
Parties Have a Right to Locate Precedent, IX-3898.
Presumption In Favor of Is Strong, IX-3899.
Should Not Be Used to Institutionalize or Justify An Error, IX-3900.
Statute of Limitations (See Also Laches) —
Inapplicable to Administrative Proceedings — Civil or Criminal, IX-3901.
Stipulations —
Nonbinding As to Legal Issues, IX-3902.
Parties Are Bound By, IX-3903.
Parties’ Intent Is a Fact Question, IX-3904.
Subject Matter Index —
Failure to Provide Found to Constitute Reversible Error, IX-3905.
Parties Have a Right to Locate Precedent, IX-3906.
Requirement — Not Utilized to Determine An Appropriate Penalty, IX-3907.
Voluntary Dismissal —
Fundamental Legal Right, IX-3908.
Declaratory Statements (See DECLARATORY STATEMENTS)
License —
Emergency Suspension —
Alcohol Abuse While On Duty, IX-3909.
Criminal Charge — Driving Under the Influence (DUI), IX-3910.
Criminal Charge — Possession of Marijuana & Paraphernalia, IX-3911.
Criminal Charge — Practicing Massage Therapy Without a License/Prostitution/Possession of Marijuana & Paraphernalia/Possession of a Controlled Substance, IX-3912.
Criminal Plea — Possession of Cocaine & Paraphernalia, IX-3913.
Dilute Urine Sample, IX-3914.
Failure to Comply With PRN Contract, IX-3915.
Failure to Maintain Confidentiality of Patient Information, IX-3916.
Inability In Profession — Alcohol Abuse, IX-3917.
Inability In Profession — Cocaine Abuse/Opiate Dependence/Alcohol Abuse/Bipolar, IX-3918.
Inability In Profession — Impaired At Work, IX-3919.
Inability In Profession — Marijuana & Cocaine Dependence, IX-3920.
Inability In Profession — Mental Condition, IX-3921.
Inability In Profession — Opioid Dependency/Depression, IX-3922.
Inability In Profession — Polysubstance Abuse: Crack Cocaine & Marijuana, IX-3923.
Insurance Fraud, IX-3924.
Obtaining Controlled Substances By Fraud, IX-3925.
Positive Drug Screen — Dilute Urine Sample, IX-3926.
Positive Drug Screen — Opiates & Amphetamines, IX-3927.
Refusal to Submit to Drug Screen, IX-3928.
Sexual Abuse of Patients, IX-3929.
Sexual Contact With a Client, IX-3930.
Unacceptable Level of Care, IX-3931.
Career Service Employee —
Layoffs —
Agency Burden of Proof Regarding, IX-3932.
Health (See HEALTH, Dept. of)
Juvenile Justice (See JUVENILE JUSTICE, Dept. of)
Salary Overpayment (See Also HEALTH, Dept. of) —
Agency Is Required to Recoup, IX-3933.
Recoupment — Ordered, IX-3934.
119 Construed —
Liberally Constructed In Favor of Openness, IX-3935.
Exemption —
Court Must Conduct In Camera Review of Records When the Exemption Is Properly Challenged, IX-3936.
Education Record —
Must Be Directly Not Merely Peripherally or Tangentially Related to a Student, IX-3937.
Public Records —
Citizen Access to Is a Fundamental Constitutional Right, IX-3938.
Defined, IX-3939.
Physical Format Is Irrelevant, IX-3940.
Trade Secrets (See Also PRACTICE & PROCEDURE, Discovery) —
Circuit Court Holding That Viatical Settlement Provider (Insurance Co.) Must Provide Disputed Records Reversed, IX-3941.
Four (4) Part Test For, IX-3942.
Hearings On Requests For Confidentiality Discussed, IX-3943.
Request to Maintain Confidentiality Granted, IX-3944.
Sensitive Personal & Financial Information About Clients & Employees, IX-3945.