Administrative Law
Rule or No Rule? An Examination of Recent Unadopted Rule Challenge Decisions
Florida law requires that each agency statement defined as a rule be adopted via the administrative rulemaking process.1 When an...
The Points of Entry for Rule Challenges Post Florida Pulp & Paper
Prior to the 1996 revision, the Florida Administrative Procedures Act (APA), F.S. Ch. 120, provided a single “point of entry”...
A Primer on Emergency Rulemaking
Over the past several months, there has been a renewed focus on emergency rulemaking, and the subsequent challenges to those...
Constitutional Rulemaking: What Happens When the APA Doesn’t Apply?
Recent changes to the Florida Constitution, in conjunction with a 2009 change to Florida’s Administrative Procedure Act (APA), have raised...
Lesser Known Aspects of the APA
If you asked an attorney who the major actor is within Florida’s administrative procedure process, the response would likely be...
DOAH: Bringing Impartiality and Fairness to Administrative Litigation Since 1975
Those versed in administrative law know that the Division of Administrative Hearings (DOAH) adjudicates disputes between Florida state agencies and...
What to Except When You’re Excepting: Practice Pointers for Filing Effective Exceptions to Recommended Orders
Regardless of their chosen area of practice, most attorneys will be exposed to administrative law at some point during their...
Invoking “the Rule” in Administrative Proceedings: Florida Industrial Power Users Group v. Art Graham
Referred to simply as “the rule,” the Florida Evidence Code allows a party to request a court to exclude a...
Saying Goodbye to Chevron and Auer? New Developments in the Agency Deference Doctrine
The agency deference doctrine is a longstanding principle of administrative law that has guided courts in reviewing agency action over...
An Introduction to Negotiated Rulemaking
Administrative rulemaking is a collaborative effort between the state and public undertaken in the interest of promulgating administrative rules.1 Typically,...
