DAVID A. YOUNG, APPELLANT,
v.
DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, APPELLEE
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David Young appealed a Department of Education final order denying him vocational rehabilitation services to establish his massage therapy business. The court affirmed the denial, finding the administrative law judge's findings of fact were supported by competent substantial evidence and the conclusions of law were not erroneous.
The court affirmed the Department's final order, holding that the administrative law judge's findings of fact were supported by competent and substantial evidence and that the conclusions of law were not erroneous.
[1] An agency's final order adopting a recommended order is subject to review for findings of fact not supported by competent substantial evidence, material procedural error,…
[2] An appellate court will not reweigh evidence presented in an administrative hearing; it is the responsibility of the administrative law judge to evaluate and weigh testim…
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Join FLexlaw to unlock all legal intelligence“A reviewing court may set aside agency action when it finds that the action is dependent on any finding of fact that is not supported by competent substantial evidence in the record, a material error in procedure, an erroneous interpretation of law, or an abuse of discretion.”
Establishes the standard of review applicable to Department of Education final orders under Florida Statute section 120.68
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Join FLexlaw to unlock all legal intelligenceYoung previously received vocational rehabilitation assistance from the Department and used it to become a licensed massage therapist. He subsequently…
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PER CURIAM.
David A. Young appeals a final order of the Department of Education (Department) adopting in full a recommended order ruling that Young was not eligible for certain services he requested from the Department’s Division of Vocational Rehabilitation. We affirm.
Young received assistance from the Division of Vocational Rehabilitation previously and, with that assistance, became a licensed massage therapist. Young sought additional assistance in establishing his massage business, but such additional services were refused by the Department on the ground that he was not eligible for the requested services. Young sought a hearing on the denial of these services.
The matter was referred to the Division of Administrative Hearings, and the administrative law judge received evidence and argument from Young as well as the Department regarding the prior provision of vocational rehabilitation services to Young and his eligibility for other services. The judge thereafter entered a recommended order making detailed findings of fact and determining that Young was not eligible for the services he was seeking. The Department adopted in full the findings of fact and conclusions of law made in the recommended order. Our standard of review of the Department’s final order is governed by section 120.68, Florida Statutes (2005). A reviewing court may set aside agency action when it finds that the action is dependent on any finding of fact that is not supported by competent substantial evidence in the record, a material error in procedure, an erroneous interpretation of law, or an abuse of discretion. § 120.68(7), Fla. Stat. (2005); see Gross v. Dep’t of Health, 819 So. 2d 997, 1001 (Fla. 5th DCA 2002).
Young does not specifically identify an erroneous conclusion of law or a finding of fact which is not supported by the record. As suggested by the standard of review, it is the responsibility of the administrative law judge to evaluate and weigh the testimony and other evidence submitted at the hearing to resolve factual conflicts, and to arrive at findings of fact. It is not the role of the appellate court to reweigh the evidence anew. See Smith v. Sears, Roebuck & Co., 681 So. 2d 871 (Fla. 1st DCA 1996). Our review of the record indicates that the findings of fact are supported by competent and substantial evidence. Further, we hold that the judge’s conclusions of law are not erroneous. Accordingly, the final order is AFFIRMED.
WEBSTER, BENTON, and VAN NORTWICK, JJ., concur.
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Katherine's BAY, LLC v. Fagan, 52 So. 3d 19 (Fla. 1st DCA 2010)…nt argues that the recommendation of the County Staff was not given sufficient weight, this assertion is unreviewable because “[i]t is not the role of the appellate court to reweigh evidence anew.” Young v. Dep’t of Educ., Div. of Vocational Rehab., 943 So. 2d 901, 902 (Fla. 1st DCA 2006). The ALJ’s finding that the subject property had severe environmental limitations was thoroughly supported by the County Staffs report. Whether those limitations required a finding that the Amendment was inconsistent with FL…
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Payne v. City OF Miami, 52 So. 3d 707 (Fla. 3d DCA 2010)…at of the agency if competent, substantial evidence supports the agency’s factual findings and the agency correctly applied the applicable statutory criteria. § 120.68(7), (8), Fla. Stat. (2005)”); Young v. Dep't of Educ., Div. of Vocational Rehab., 943 So. 2d 901, 902 (Fla. 1st DCA 2006) ("[I]t is the responsibility of the administrative law judge to evaluate and weigh the testimony and other evidence submitted at the hearing to resolve factual conflicts, and to arrive at findings of fact. It is not the role…
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Captain Herbert Payne v. City OF Miami, 53 So. 3d 258 (Fla. 3d DCA 2010)…at of the agency if competent, substantial evidence supports the agency's factual findings and the agency correctly applied the applicable statutory criteria. § 120.68(7), (8), Fla. Stat. (2005)”); Young v. Dep't of Educ., Div. of Vocational Rehab., 943 So. 2d 901, 902 (Fla. 1st DCA 2006) ("[I]t is the responsibility of the administrative law judge to evaluate and weigh the testimony and other evidence submitted at the hearing to resolve factual conflicts, and to arrive at findings of fact. It is not the role…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Howard E. Gross, M.D. v. Dep't OF Health, 819 So. 2d 997 (Fla. 5th DCA 2002)
- Mathis v. BE & K Construction/ST. Paul Ins. Co., 681 So. 2d 871 (Fla. 1st DCA 1996)