Aguilera v. Department of Health, Board of Psychology
Docket: No. 99-413
Court: District Court of Appeal of Florida; October 13, 1999; Florida; State Appellate Court
Magalis Aguilera, who graduated from a non-accredited psychology doctoral program, appealed a final order from the Florida Department of Health, Board of Psychology, denying her application for licensure by examination and provisional licensure under Florida Statutes 490.005 and 490.0051. During the initial non-evidentiary hearing, the board informed Aguilera, representing herself, that if any significant factual issues arose, the hearing would be referred to a hearing officer at the Department of Administrative Hearings (DOAH). The primary issue was whether Aguilera's degree was comparable to one from an accredited program. The court determined that this was a mixed question of fact and law, concluding that the board erred by not referring the matter to a hearing officer as promised. Consequently, the final order was reversed, and the case was remanded with instructions for the board to submit the matter to a DOAH hearing officer.