Opinion
Case No. 1D03-3023.
Opinion filed May 28, 2004.
An appeal from an order of the Department of Business and Professional Regulation.
Bruce Culpepper, Esquire and Robert J. Telfer, III, Esquire of Ackerman Senterfitt, Tallahassee, for Appellant.
Charles Crist, Attorney General; Paul J. Martin, Senior Assistant Attorney General, Tallahassee, for Appellee.
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 Engineers 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.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED