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DEPARTMENT OF HIGHWAY SAFETY v. SCHLUTER

No. 97-730.

705 So.2d 81 (1997)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Gary SCHLUTER and The Florida Association of State Troopers, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 30, 1998.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, Judson M. Chapman, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for Appellant.

Jerry G. Traynham of Patterson & Traynham, Tallahassee, for Appellees.

ERVIN, Judge.

The Department of Highway Safety and Motor Vehicles (Department) appeals a final order of the administrative law judge (ALJ) determining that each of six policies, which the Florida Highway Patrol follows in investigating allegations of employee misconduct, constitutes a rule that was never adopted in compliance with section 120.54, Florida Statutes (Supp.1996). The Department asserts that the ALJ erred in determining...

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