Florida/Georgia Personal Injury & Workers Compensation

...n required by the statute; as a matter of law the proposed rule amendment goes beyond the Board of Opticianry's delegated legislative powers under Chapter 484. The hearing officer's conclusions of law in the final order identify Sections 484.005 and 484.007(1)(d), Florida Statutes (1989), as the statutory authority for the proposed rule amendment under review. The pertinent language in Section 484.005, relied on in the order, authorizes the Board to promulgate rules "to protect the health, safety and welfare of the public." This provision and the language in Section 484.007(1)(d)4 authorizing the Board "to establish administrative processing fees sufficient to cover the costs of administering apprentice rules as promulgated by the board" are sufficient, according to the order, to "clearly empower Respond...

...ted from making any rules. That the proposed amendment to the rule exceeds delegated legislated authority is evident upon consideration of other provisions in Chapter 484 in pari materia with the specific provisions relied on by the hearing officer. Section 484.007(1) contains general requirements for licensure to practice opticianry, and specifically provides in subparagraph (d)4 that a person who has registered as an apprentice may meet the requirements for taking the examination for licensure...

...To infer that supervision of apprentices can only be performed under physical conditions when the supervisor is or must be in direct visual contact with the supervised apprentice at all times is an irrational and arbitrary extension of the statutory definition. It also should be noted that Section 484.007(1)(d)4 speaks only in terms of "supervision," not "direct supervision," further suggesting that a sponsor's general supervision with final checking and approval of work performed, not constant physical presence of the supervising sponsor at all times, is all that is contemplated by the statute....

Property § 14.25 (Casner Ed. 1952); Thompson, Wills § 484. [7] Taylor v. Broadway Methodist Church, 269 Ky

...quired by the statute; as a matter of law the proposed rule amendment goes beyond the Board of Opticianry’s delegated legislative powers under Chapter 484. The hearing officer’s conclusions of law in the final order identify Sections 484.005 and 484.007(l)(d), Florida Statutes (1989), as the statutory authority for the proposed rule amendment under review....

...ed from making any rules. That the proposed amendment to the rule exceeds delegated legislated authority is evident upon consideration of other provisions in Chapter 484 in pari materia with the specific provisions relied on. by the hearing officer. Section 484.007(1) contains general requirements for licensure to practice opticianry, and specifically provides in subparagraph (d)4 that a person who has registered as an apprentice may meet the requirements for taking the examination for licensure...

...To infer that supervision of apprentices can only be performed under physical conditions when the supervisor is or must be in direct visual contact with the supervised apprentice at all times is an irrational and arbitrary extension of the statutory definition. It also should be noted that Section 484.007(l)(d)4 speaks only in terms of “supervision,” not “direct supervision,” further suggesting that a sponsor’s general supervision with final checking and approval of work performed, not constant physical presence of the supervising sponsor at all times, is all that is contemplated by the statute....