ANTHONY E. MIXON, APPELLANT,
v.
DEPARTMENT OF STATE, DIVISION OF LICENSING, APPELLEE
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The agency erred in revoking the license without a formal hearing when material facts were in dispute.
Anthony Mixon's professional license was revoked by an agency. Mixon elected an informal hearing, but disputed facts arose.…
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PER CURIAM.
Anthony Mixon appeals the revocation of his professional license, contending that the agency erred in denying him a formal administrative hearing. We agree and reverse and remand.
Notwithstanding Mixon’s written election for an informal hearing, the law is clear that if, during the course of informal proceedings, it becomes apparent that material facts are in dispute, a formal hearing should be convened, and evidence that is obtained during the informal hearing may then be made part of the record in the formal proceeding. See New v. Department of Banking & Fin., 554 So. 2d 1203 (Fla. 1st DCA 1989); Village Saloon, Inc. v. Division of Alcoholic Beverages & Tobacco, 463 So. 2d 278 (Fla. 1st DCA 1984) (on reh’g); United Tel. Co. of Fla. v. Mann, 403 So. 2d 962 (Fla.1981).
The record at bar clearly reveals the existence of disputed factual issues. Accordingly, the agency erred in revoking Mixon’s license without furnishing him a formal hearing.
REVERSED AND REMANDED.
BARFIELD, C.J., and ERVIN and KAHN, JJ., concur.
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Rosenzweig v. Dep't OF Transp., 979 So. 2d 1050 (Fla. 1st DCA 2008)…rges after an informal hearing has begun, the informal hearing should cease and a formal hearing should be convened in its stead, “[n]otwithstanding ... [a prior] written election for an informal hearing.” Mixon v. Dep’t of State, Div. of Licensing, 686 So. 2d 755, 756 (Fla. 1st DCA 1997). In order to preserve the point for appeal, however, a party must “request that the informal hearing be terminated ... or otherwise object to the continuation of the [section 120.57(2) ] proceedings.” Goodson v. Fla. Dep’t o…
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Michael Spuza, M.D. v. Dep't OF Health & Bd. of Med., 838 So. 2d 676 (Fla. 2d DCA 2003)…on any loss to Medicare. The Board should have terminated the proceeding and convened a formal hearing. See Klein v. Dep’t of Bus. & Prof l Regulation, 625 So. 2d 1237, 1238-39 (Fla. 2d DCA 1993); see also Mixon v. Dep’t of State, Div. of Licensing, 686 So. 2d 755, 756 (Fla. 1st DCA 1997). We reverse the order revoking Spuza’s license to practice medicine, and we remand with directions to grant him a formal hearing under section 120.57(1). FULMER, J. and THREADGILL, EDWARD F„ SENIOR JUDGE, Concur.…
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Gopman v. Dep't of Educ., 908 So. 2d 1118 (Fla. 1st DCA 2005)…ring at which duly sworn witnesses and other evidence could have established the material facts in dispute between the parties. See Spuza v. Dep’t of Health, 838 So. 2d 676, 678 (Fla. 2d DCA 2003); Mixon v. Dep’t of [*1123] State, Div. of Licensing, 686 So. 2d 755, 756 (Fla. 1st DCA 1997); Hernandez v. Dep’t of State, Div. of Licensing, 546 So. 2d 1174, 1175 (Fla. 3d DCA 1989). At a formal hearing, too, DOE could have articulated and elucidated the non-rule policy it deems determinative here. See Rice v. Dep’…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vill. Saloon, Inc. v. Division OF Alcoholic Beverages AND Tobacco, 463 So. 2d 278 (Fla. 1st DCA 1984)
- United Tel. Co. OF Fla. v. Mann, 403 So. 2d 962 (Fla. 1981)
- NEW v. Dep't of Banking & Fin., 554 So. 2d 1203 (Fla. 1st DCA 1989)