PHYLLIS TAYLOR, APPELLANT,
v.
SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, APPELLEE
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The court held that the School Board erred in dismissing the petition for a formal administrative hearing.
Phyllis Taylor, a school employee, received a notice of termination and requested a formal administrative hearing. The School Board denied this reques…
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DANIEL, Judge.
Appellant, Phyllis Taylor, has taken this appeal from the order entered by the School Board of Seminole County which dismissed Taylor’s petition for a formal administrative hearing under section 120.-57(1), Florida Statutes (1987). We reverse.
Phyllis Taylor was hired by the School Board of Seminole County as a technical aide for the 1987-1988 school year and was assigned to work in the Lake Mary Elementary School. On October 23, 1987, Taylor received a notice of termination from employment. Taylor filed a petition requesting that the School Board conduct a formal administrative hearing concerning this decision. The School Board denied Taylor’s request and dismissed her petition.
Section 120.57(1) of the Administrative Procedure Act provides that a petitioning party is entitled to a formal administrative hearing whenever an agency has made a determination which concerns the substantial interest of the party and issues of material fact are in dispute. Tuckman v. Florida State University, 489 So. 2d 133 (Fla. 1st DCA 1986). The School Board’s decision to terminate employment certainly concerns Taylor’s substantial interest and her petition demonstrates that material issues are in dispute as to the propriety of that decision. Taylor is therefore entitled to a formal hearing under the Administrative Procedure Act. Accordingly, the order of the School Board denying Taylor’s request for a formal administrative hearing is reversed and this cause remanded for proceedings consistent with this opinion.
REVERSED and REMANDED.
SHARP, C.J., and DAUKSCH, J., concur.
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McINTYRE v. Seminole Cnty. Sch. Bd., 779 So. 2d 639 (Fla. 5th DCA 2001)…terial issues of fact are in dispute. See Sublett v. District Sch. Bd. of Sumter County, 617 So. 2d 374, 377 (Fla. 5th DCA 1993) (citing French v. School Bd. of Polk County, 568 So. 2d 497 (Fla. 2d DCA 1990); Taylor v. School Bd. of Seminole County, 538 So. 2d 150 (Fla. 5th DCA 1989)); see also Weiss v. Department of Bus. and Prof. Reg., 677 So. 2d 98, 99 (Fla. 5th DCA 1996). However, the person who is substantially affected must affirmatively request a formal hearing; otherwise, he has waived that right. See…
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Sublett v. Dist. Sch. Bd. of Sumter Cnty., 617 So. 2d 374 (Fla. 5th DCA 1993)…ests; therefore, the employee is entitled to a formal hearing under section 120.57(1) if material issues of fact are in dispute. See French v. School Board of Polk County, 568 So. 2d 497 (Fla. 2d DCA 1990); Taylor v. School Board of Seminole County, 538 So. 2d 150 (Fla. 5th DCA 1989). Certainly there were material issues of fact concerning whether there was just cause to discharge Sublett. Under these circumstances, appellee is not correct that appellant got “the process he was due”. We conclude Sublett is en…
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Ferris A. French v. The Sch. Bd. OF Polk Cnty., 568 So. 2d 497 (Fla. 2d DCA 1990)…o. 2d 267 (Fla. 2d DCA 1989); South Florida Water Management District v. St. Cloud, 550 So. 2d 551 (Fla. 5th DCA 1989); Krueger v. School District of Hernando County, 544 So. 2d 331 (Fla. 5th DCA 1989), and Taylor v. School Board of Seminole County, 538 So. 2d 150 (Fla. 5th DCA 1989). The record presented to us in this appeal raises a myriad of questions which must be resolved in a formal evidentiary hearing. The most important of these centers upon the length of French’s principal contract, his rate of pay f…
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