Kinship Rule Is Found to Be an Invalid Exercise of Delegated Legislative Authority
At a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
April 25, 2024 at 10:01 AM
9 minute read
Board of ContributorsIn general, state agencies can only promulgate rules if that authority has been specifically delegated to them by the legislature via a statutory grant of rulemaking authority. At a recent Florida administrative hearing (Case No. 23-4842RX, decided April 12, 2024), the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNavigating Claims Under the Florida Telephone Solicitation Act and Florida Telemarketing Act
4 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute readLaw Firms Mentioned
Trending Stories
- 1Dog Gone It, Target: Provider of Retailer's Mascot Dog Sues Over Contract Cancellation
- 2Lululemon Faces Legal Fire Over Its DEI Program After Bias Complaints Surface
- 3Plaintiff Gets $500K Policy Limit Without Surgery
- 4Philadelphia Bar Association Executive Director Announces Retirement
- 5SEC Chair Gary Gensler to Resign on Trump's Inauguration Day
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250