Cook v. Division of Personnel, Dept. of Administration, No. GG-32

CourtCourt of Appeal of Florida (US)
Writing for the CourtMILLS; MELVIN; ERVIN; ERVIN
Citation356 So.2d 356
PartiesE. Helen COOK, Petitioner, v. DIVISION OF PERSONNEL, DEPARTMENT OF ADMINISTRATION, Respondent.
Docket NumberNo. GG-32
Decision Date10 March 1978

Page 356

356 So.2d 356
E. Helen COOK, Petitioner,
v.
DIVISION OF PERSONNEL, DEPARTMENT OF ADMINISTRATION, Respondent.
No. GG-32.
District Court of Appeal of Florida, First District.
March 10, 1978.
Rehearing Denied April 11, 1978.

Page 357

Jerry G. Traynham, of Ben R. Patterson Law Offices, Tallahassee, for petitioner.

Mary E. Clark, Tallahassee, for respondent.

MILLS, Acting Chief Judge.

Petitioner seeks review of a final order determining that Florida Administrative Code Rule 22A-7.10B is a valid rule enacted by the Division of Personnel, and does not conflict with the provisions of Chapter 110, Florida Statutes (1975). The issue here is whether Rule 22A-7.10B is a valid exercise of delegated legislative authority.

The Rule provides that an employee within the Career Service who is absent without authorized leave of absence from work for three consecutive days shall be deemed to have abandoned the position and to have resigned. The Rule denies the employee the right to appeal to the Career Service Commission but gives the employee the right to petition the State Personnel Director for a review of the facts in the case and for a ruling as to whether the circumstances constitute an abandonment of the position.

The Petitioner, a Career Service employee of the Department of Transportation, was notified by the Department that because of certain facts she had abandoned her position with it and was no longer an employee of the Department. She was stricken from the rolls of employees and all actions were taken that would normally take place when an employee resigns or is terminated. As provided by the Rule, the State Personnel Director held a hearing and ruled that Petitioner had abandoned her position and was no longer an employee of the Department. Petitioner then initiated a Section 120.56, Florida Statutes (1975), hearing, seeking an administrative determination of Rule 22A-7.10B of the Division of Personnel, Department of Administration, which resulted in the order under review by us.

Petitioner argues that the Division's authority to promulgate rules is subject to the limitations provided by Sections 110.041(2)(a), 110.042(22) and 110.061(1), (2)(a), Florida Statutes (1975). These Sections require that any rule promulgated must: (1) insure that appeals arising under Chapter

Page 358

110, or rules adopted thereunder, are heard by the Career Service Commission; (2) insure that a permanent Career Service employee may only be terminated...

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9 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...749, 754 (Fla. 1st DCA 1993) ("In making this determination, we recede from Cook [v. Division of Personnel, Department of Administration, 356 So.2d 356 (Fla. 1st DCA 1978) ], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976) ], thi......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...749, 754 (Fla. 1st DCA 1993) ("In making this determination, we recede from Cook [v. Division of Personnel, Department of Administration, 356 So.2d 356 (Fla. 1st DCA 1978)], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976)], this ......
  • Machules v. Department of Admin., No. BH-184
    • United States
    • Court of Appeal of Florida (US)
    • November 25, 1986
    ...the Department is wholly without any statutory authority for promulgation of the rule, Cook v. Division of Personnel, Dept. of Admin., 356 So.2d 356 (Fla. 1st DCA 1978). But there is no statute in chapter 110, that I have found, empowering the agency to set jurisdictional time limitations o......
  • Department of Admin. v. Nelson, Nos. AB-11
    • United States
    • Florida District Court of Appeals
    • December 8, 1982
    ...rule, promulgated with proper legislative authority, having that effect. In Cook v. Division of Personnel, Department of Administration, 356 So.2d 356, 358 (Fla. 1st DCA 1978), this Court sustained against a like challenge another section of DOA Rule 22A-7, to the effect that "absence witho......
  • Request a trial to view additional results
9 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...749, 754 (Fla. 1st DCA 1993) ("In making this determination, we recede from Cook [v. Division of Personnel, Department of Administration, 356 So.2d 356 (Fla. 1st DCA 1978) ], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976) ], thi......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...749, 754 (Fla. 1st DCA 1993) ("In making this determination, we recede from Cook [v. Division of Personnel, Department of Administration, 356 So.2d 356 (Fla. 1st DCA 1978)], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976)], this ......
  • Machules v. Department of Admin., No. BH-184
    • United States
    • Court of Appeal of Florida (US)
    • November 25, 1986
    ...the Department is wholly without any statutory authority for promulgation of the rule, Cook v. Division of Personnel, Dept. of Admin., 356 So.2d 356 (Fla. 1st DCA 1978). But there is no statute in chapter 110, that I have found, empowering the agency to set jurisdictional time limitations o......
  • Department of Admin. v. Nelson, Nos. AB-11
    • United States
    • Florida District Court of Appeals
    • December 8, 1982
    ...rule, promulgated with proper legislative authority, having that effect. In Cook v. Division of Personnel, Department of Administration, 356 So.2d 356, 358 (Fla. 1st DCA 1978), this Court sustained against a like challenge another section of DOA Rule 22A-7, to the effect that "absence witho......
  • Request a trial to view additional results

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