Opinion

Aguilera v. Department of Health, Board of Psychology

  • 743 So. 2d 1153
  • 1999 Fla. App. LEXIS 13451
  • 1999 WL 817830
Court
District Court of Appeal of Florida
Filed
Oct 13, 1999
Status
Published
On the bench
Green, Jorgenson, Shevin
Cited by
0 cases

The opinion

PER CURIAM.

Magalis Aguilera, a graduate of a psychology doctoral program at a non-accredited school, appeals a final order denying her application to the Department of Health, Board of Psychology (“the board”) for licensure by examination and provisional licensure pursuant to §§ 490.005, .0051, Florida Statutes (1997). At the outset of the non-evidentiary administrative hearing, the board specifically advised Aguil-era, who appeared before the board pro se, that if any material issues of fact arose during the course of the proceedings, the hearing would- have to be terminated and referred to a hearing officer at the Department of Administrative Hearings (“DOAH”). The issue at the hearing below was whether the doctoral degree received by Aguilera was’ comparable to a doctoral degree from an accredited school program. Because we conclude that this issue was a mixed question of fact and law, we hold that the board erred in not submitting this matter to a hearing officer at DOAH, as it had indicated that it would.

We, therefore, reverse the final order under review and remand with instructions that this matt.er be submitted to a hearing officer at DOAH.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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