MIXON v. DEPARTMENT OF STATE DIVISION OF LICENSING (1997)

District Court of Appeal of Florida,First District.

Anthony E. MIXON, Appellant, v. DEPARTMENT OF STATE, DIVISION OF LICENSING, Appellee.

No. 96-866.

Decided: January 10, 1997

Robert H. Springer and Steven A. Cohen, Palm Springs, for Appellant. Kristi Reid Bronson, Assistant General Counsel, Department of State, Division of Licensing, Tallahassee, for Appellee.

Anthony Mixon appeals the revocation of his professional license, contending that the agency erred in denying him a formal administrative hearing. We agree and reverse and remand.

Notwithstanding Mixon's written election for an informal hearing, the law is clear that if, during the course of informal proceedings, it becomes apparent that material facts are in dispute, a formal hearing should be convened, and evidence that is obtained during the informal hearing may then be made part of the record in the formal proceeding. See New v. Department of Banking & Fin., 554 So.2d 1203 (Fla. 1st DCA 1989); Village Saloon, Inc. v. Division of Alcoholic Beverages & Tobacco, 463 So.2d 278 (Fla. 1st DCA 1984) (on reh'g); United Tel. Co. of Fla. v. Mann, 403 So.2d 962 (Fla.1981).

The record at bar clearly reveals the existence of disputed factual issues. Accordingly, the agency erred in revoking Mixon's license without furnishing him a formal hearing.

REVERSED AND REMANDED.

PER CURIAM.

BARFIELD, C.J., and ERVIN and KAHN, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network