Department of Health & Rehabilitative Services v. Cleavinger
Department of Health & Rehabilitative Services v. Cleavinger
Opinion of the Court
This action is before the court, pursuant to rule 9.100, Florida Rules of Appellate Procedure, for review of a nonfinal order of the hearing officer affecting discovery.
The ^nswer to interrogatories filed by the department along with the accompanying affidavit complied with rule 1.340(c), Florida Rules of Civil Procedure. The hearing officer wrongly determined that HRS was required to present live testimony to support its responses to interrogatories. The burden was on the respondent to present competent substantial evidence to demonstrate it would be more burdensome for respondent than petitioner to ascertain the answers to interrogatories prior to ordering a more complete answer from HRS. Department of Professional Regulation v. Florida Psychological Practitioners Ass’n, 483 So.2d 817 (Fla. 1st DCA 1986).
The hearing officer has departed from the essential requirements of law by requiring HRS to answer the interrogatories instead of allowing it to exercise its option provided by rule 1.340(c).
The order of the hearing officer is quashed, and the case is remanded to the hearing officer for proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.