Appellate Court Rules Agency Personnel Should Not Have Ex Parte Contract With Hearing Officer on Case
Wednesday, February 12, 2014
Taylor-Tillotson sought medical supplies and prescriptions, and the Agency for Health Care Administration (“AHCA”) denied that request. On appeal, AHCA filed a motion to dismiss. In its motion, AHCA stated that it believed Appellant should be entitled to a new hearing since an AHCA staff member had ex parte communications with the original hearing officer.While acknowledging the Appellant’s objection to dismissal of the appeal, the court treated AHCA’s motion to dismiss as a confession of error and noted that it concurred with AHCA’s recommendation to reverse and remand for a new hearing.Source:Taylor-Tillotson v. Agency for Health Care Administration, 120 So. 3d 101 (Fla. 4th DCA 2013) (Opinion filed August 7, 2013).About the Author: The forgoing case summary was prepared by Mary F. Smallwood, Esquire, of the Administrative Law Section of The Florida Bar. It originally appeared in the Administrative Law Section newsletter, Vol. 35, No. 2 (Dec. 2013).Tag Words: Agency for Health Care Administration, AHCA, medical supplies, prescriptions, hearing officer, ex parte, ex parte contact, appeal, dismissal of appeal, Taylor-Tillotson, administrative law
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