05-01-2005, 07:34 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,263
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It Ain't OVA !
- A Department is considered an "Agency" 20.03(11)
- In the Administrative Procedures Act, An agency is defined in120.52
Definitions. --As used in this act:
(1)**"Agency" means:
(a)**The Governor in the exercise of all executive powers other than those derived from the constitution.
(b)**Each:
1.**State officer and state department, and each departmental unit described in s. 20.04.
Therefore, the Department of Highway Safety and Motor Vehicles and all of it's divisions, bureaus, and sections is an agency as defined in the Administrative Procedures Act
Here's the criteria which would exempt the DHSMV from the APA
This may line up with BT's point 11 in the pdf attachment in the thread below this one.
120.63* Exemption from act
__________________
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Quote:
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Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.
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When the going gets weird, the weird turn pro - Hunter S. Thompson
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