DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
LERTHER J. YHAP, APPELLEE
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The Florida Department of Health and Rehabilitative Services appealed a Commission on Human Relations order finding racial discrimination against an employee. The appellate court reversed because the Commission improperly substituted its own judgment on credibility and evidence for the hearing officer's findings without identifying any procedural violations.
The Commission erred by failing to identify any aspect of the proceedings that violated the essential requirements of law and instead improperly substituting its judgment on credibility matters and the weight of evidence for that of the hearing officer. Administrative agencies may not reverse hearing officers' factual findings absent identified procedural violations.
[1] An administrative commission errs when it rejects a hearing officer's recommended order based on a failure to comply with essential legal requirements without identifying…
[2] An administrative commission cannot substitute its own judgment on credibility and the weight of evidence for that of a hearing officer.
Previewing 2 of 3 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“it merely substituted its judgment on credibility matters and the weight of the evidence for that of the hearing officer. This was error.”
Establishes that the Commission's core error was usurping the hearing officer's authority over factual findings without identifying procedural violations
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Join FLexlaw to unlock all legal intelligenceThe Department of Health and Rehabilitative Services employed Lerther J. Yhap. A hearing officer conducted proceedings on Yhap's discrimination compla…
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PER CURIAM.
The Department of Health and Rehabilitative Services chadenges a final order in which the Commission on Human Relations concluded that the Department had committed an unlawful employment practice by discriminating against employee Yhap on the basis of race. In so doing, the Commission rejected the hearing officer’s recommended order, which found no discriminatory intent, for the reason that the proceedings on which the findings were based did not comply with the essential requirements of law. See § 120.57(l)(b)(10), Fla. Stat. (Supp.1992).
The Commission, however, faded to identify any aspect of the proceedings before the hearing officer which faded to comply with the essential requirements of the law; it merely substituted its judgment on credibility matters and the weight of the evidence for that of the hearing officer. This was error. See § 120.57(l)(b)(10), Fla. Stat. (Supp.1992); Southpointe Pharmacy v. Department of Health & Rehab. Servs., 596 So. 2d 106 (Fla. 1st DCA 1992); Florida Dep’t of Community Affairs v. Bryant, 586 So. 2d 1205 (Fla. 1st DCA 1991); Clay County Sheriffs Office v. Loos, 570 So. 2d 394 (Fla. 1st DCA 1990); Tuveson v. Florida Governor’s Council on Indian Affairs, 495 So. 2d 790 (Fla. 1st DCA 1986), review denied, 504 So. 2d 767 (Fla.1987); Holmes v. Turlington, 480 So. 2d 150 (Fla. 1st DCA 1985); Heifetz v. Department of Business Reg., 475 So. 2d 1277 (Fla. 1st DCA 1985).
And see School Bd. of Leon County v. Hargis, 400 So. 2d 103, 107 (Fla. 1st DCA 1981) (“However keen is the Commission’s insight into the subtleties of racial discrimination within predominantly white institutions, we cannot permit the Commission to indulge itself within its own judgmental activity the same sinister habit it is the Commission’s task to uproot from the judgments of others: that of making unartieulated, speculative, and uncomplimentary assumptions about the purposes, motives, and abilities of persons unseen, unheard, and unknown.”).
The order granting relief is reversed and the cause remanded to the Commission with directions that the complaint of discrimination be dismissed.
REVERSED and REMANDED.
BARFIELD, C.J., and ERVIN and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bush v. Brogan, 725 So. 2d 1237 (Fla. 2d DCA 1999)…gs can be supported by competent evidence found in the record, we find the EPC improperly substituted its judgment for that of the administrative law judge and reverse the EPC’s final order. See Department of Health & Rehabilitative Servs., v. Yhap, 680 So. 2d 559 (Fla. 1st DCA 1996) (holding that Commission on Human Relations failed to identify any aspect of the proceedings before the hearing officer which failed to comply with the essential requirements of the law but merely substituted its judgment on cred…
Authorities Cited
- Mel Heifetz v. Dep't of Bus. Reg., 475 So. 2d 1277 (Fla. 1st DCA 1985)
- Fla. Dep't OF Cmty. Affairs v. Bryant, 586 So. 2d 1205 (Fla. 1st DCA 1991)
- Sch. Bd. OF Leon Cnty. v. Hargis, 400 So. 2d 103 (Fla. 1st DCA 1981)
- Holmes v. Turlington, 480 So. 2d 150 (Fla. 1st DCA 1985)
- Tuveson v. Fla. Governor's Council ON Indian Affairs, Inc., 495 So. 2d 790 (Fla. 1st DCA 1986)
- Clay Cnty. Sheriff's Off. v. Loos, 570 So. 2d 394 (Fla. 1st DCA 1990)
- Holt v. Holt, 596 So. 2d 106 (Fla. 1st DCA 1992)
- Southpointe Pharmacy v. Dep't of Health & Rehabilitative Servs., 596 So. 2d 106 (Fla. 1st DCA 1992)