Florida District Courts of Appeal, 2004

Curry v. Florida Board of Professional Engineers, Department of Business & Professional Regulation

Curry v. Florida Board of Professional Engineers, Department of Business & Professional Regulation
Florida District Courts of Appeal · Decided May 28, 2004 · Barfield, Benton, Padovano
873 So. 2d 1258; 2004 Fla. App. LEXIS 7563; 2004 WL 1176170 (Southern Reporter, Second Series)

Curry v. Florida Board of Professional Engineers, Department of Business & Professional Regulation

Opinion of the Court

PER CURIAM.

Teresa M. Keiffer Curry appeals a final administrative order from the Department of Business and Professional Regulation, Board of Professional Engineers, denying her request for a formal hearing before the Division of Administrative Hearings as provided by section 120.57(1), Florida Statutes (2003). Her petition and amended petition for a formal hearing identify a disputed issue of material fact, thus entitling her to a formal hearing. See Iazzo v. Dep’t of Prof'l Reg., Bd. of Psychological Exam’rs, 638 So.2d 583, 586 (Fla. 1st DCA 1994); Village Saloon, Inc. v. Div. of Alcoholic Beverages & Tobacco, Dep’t of Bus. Reg., 463 So.2d 278, 283 (Fla. 1st DCA 1984).

Accordingly, we reverse the order and remand to the Board of Professional Engi*1259neers with directions that it refer the case to. the Division of Administrative Hearings for a formal evidentiary hearing.. :

REVERSED and REMANDED.

BARFIELD, BENTON, and PADOVANO, JJ., concur.

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