KIRABEL GUERRERO AYBAR, R.N.
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH
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Registered nurse Kirabel Guerrero Aybar appealed the Department of Health Board of Nursing's revocation of her license. The Florida District Court of Appeal affirmed the revocation, rejecting her claims that she received inadequate notice of the informal hearing and was not heard.
The court affirmed the final order revoking Aybar's license, holding that there was no material procedural error. The record demonstrated that proper notice was sent to Aybar's correct address, and Aybar's own admission that she attended the hearing by telephone contradicted her claim of inadequate notice. Additionally, the record refuted her assertion that her name was not called.
[1] A material error in procedure that impairs the fairness of proceedings or the correctness of agency action may be grounds for setting aside an agency's final order.
[2] An appellant's attendance at an informal hearing, even by telephone, refutes an assertion that they lacked adequate notice of the hearing.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the final order must be set aside under section 120.68(7)(c), Florida Statutes (2019), because of a material error in the procedure which impaired the "fairness of the proceedings or the correctness of the action."”
States the legal standard Aybar invoked for overturning the administrative decision.
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Join FLexlaw to unlock all legal intelligenceThe Board of Nursing served Aybar with an administrative complaint seeking to revoke her nursing license. Aybar waived her right to contest the factua…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This is an appeal of a final order from the Department of Health, Board of Nursing, which revoked Appellant’s license to practice as a registered nurse. After the Appellant was served with the administrative complaint which sought revocation of her license, she waived her right to contest the facts alleged in the complaint and requested an informal hearing. See § 120.57(2), Fla. Stat. (2018). On appeal, the Appellant argues that the final order must be set aside under section 120.68(7)(c), Florida Statutes (2019), because of a material error in the procedure which impaired the “fairness of the proceedings or the correctness of the action.”
The informal hearing was held on June 4, 2020. The Appellant asserts that the notice of this hearing was not sent to her current address and thus she was deprived of adequate notice. The record refutes this assertion. A notice of the hearing with the proper case number addressed to Appellant’s correct address is in the record. Additionally, Appellant states in her initial brief that she attended the informal hearing by telephone, showing she had notice of the hearing. Appellant also contends that “to the best of her knowledge her name was not called” during the informal hearing, but that is also refuted by the record. The final order is therefore AFFIRMED. RAY, C.J., and BILBREY and WINOKUR, JJ., concur. _____________________________