# Aguilera v. Department of Health, Board of Psychology

> District Court of Appeal of Florida · October 13, 1999 · 743 So. 2d 1153

URL: https://www.frixlaw.com/law-library/cases/7726147

## Case

- **Full name:** Magalis AGUILERA v. DEPARTMENT OF HEALTH, BOARD OF PSYCHOLOGY
- **Court:** District Court of Appeal of Florida
- **Decided:** October 13, 1999
- **Citations:** 743 So. 2d 1153; 1999 Fla. App. LEXIS 13451; 1999 WL 817830
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Green, Jorgenson, Shevin
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7726147

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7726147. Public record. Not legal advice.