Title: Opinion File 75-16
CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003422/00001
 Material Information
Title: Opinion File 75-16
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 75-16
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 50
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003422
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





Ueaoa o44oi


March 6, 1975 GME M vp*M die lm_#i.r
MEMORANDUM

TO: DONALD R. FEASTER, EXECUTIVE DIRECTOR
FROM: JAY T. AHERN, STAFF ATTORNEY
RE: Hearing Examiner on Consumptive Use Permits

You will recall the Governing Board requested me to act temporarily as
hearing examiner on applications for permits under our Rules and
Regulations.
It has been determined that hearing examiners under the new Administrative
Procedure Act, Chapter 74-310, Laws of Florida, are to be a full-time
hearing officer. If one is not a full-time hearing officer, one is to be
appointed for the hearing. There was a two year exemption from this
requirement in the statute which might have permitted me to act as a hear-
ing officer.
However, the Attorney General of Florida in an opinion No. 075-6 to Jack
Maloy of Central and Southern Florida Flood Control District, stated the
hearing officer must not have other duties with the District. Accordingly,
I could not act as a hearing officer. Also, I have received comments that
Jake Varn is going to raise the issue on Mr. Bexley's application scheduled
for a hearing on March 24, 1975.
It would seem that rather than cause unnecessary delay in the process of a
permit and cause a violation of the statute, I would recommend that a full-
time hearing examiner be appointed. The Administrative Procedure Act permits
a member of the Governing Board to act as a hearing examiner, a member of
Myron Gibbons's firm or if available, a member of the Division of Administra-
tive Hearings.


JTA:ld _




-A0-- 6 ,







--I-)




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs