CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1996 WL 69109
...Reading all of these sections in pari materia, as we must, it is evident that section
440.15(10) controls the implementation of the social security offset provisions in sections
440.15(1)(f) and
440.15(2) and requires the division to adopt rules, pursuant to section
440.591, that set forth "the procedure and manner for requesting the authorization and for compliance by the employee," with those two sections....
0 red0 yellow5 green3 procedural
Cited as authorityBraun (2010)phrase: "rule_authority"
Cited as authorityGauthier (2010)phrase: "rule_authority"
Cited as authorityANTUNEZ (2008)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...The Division did not give consideration to the chiropractic rehabilitative association as an accrediting association for the proposed rules, because the association had not been formed when the proposed rules were promulgated. The Division relied upon sections
440.13(1)(d) and
440.591, Florida Statutes (1991) as authority for promulgation of the proposed rules....
...91-1, Preamble, Laws of Fla. The challenged rules were designed to implement delivery of the "medically necessary" services defined in section
440.13(1)(d), and the procedure outlined in section
440.13(2)(d). The agency's rulemaking authority is derived generally from section
440.591, Florida Statutes, which provides: The division shall have the authority to adopt rules to govern the performance of any programs, duties, or responsibilities with which it is charged under this chapter....
...y services at reasonable cost to employers, and cannot be deemed arbitrary or capricious. The Division is authorized "to adopt rules to govern the performance of any programs, duties, or responsibilities with which it is charged under this chapter." § 440.591, Fla....
...d workers. See Agrico Chemical Co. v. DER,
365 So.2d at 763. We conclude the Division's authority to adopt proposed Rules 38F-7.802(1) and (5), 38F-7.803(2), and 38F-7.806(2)(f) is reasonably implied by the express terms of sections
440.13(1)(d) and
440.591....
CopyCited 1 times | Florida 1st District Court of Appeal
...Id.
In defending the proposed rules, the Department identified a
host of statutory provisions as authority for its actions. For
example, the Department’s rulemaking authority to adopt rules
to implement the provisions of Chapter 440 comes from section
440.591, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4048
...The Division did not give consideration to the chiropractic rehabilitative association as an accrediting association for the proposed rules, because the association had not been formed when the proposed rules were promulgated. The Division relied upon sections 440.-13(l)(d) and 440.591, Florida Statutes (1991) as authority for promulgation of the proposed rules....
...91-1, Preamble, Laws of Fla. The challenged rules were designed to implement delivery of the “medically necessary” services defined in section
440.13(l)(d), and the procedure outlined in section
440.13(2)(d). The agency’s rulemaking authority is derived generally from section
440.591, Florida Statutes, which provides: The division shall have the authority to adopt rules to govern the performance of any programs, duties, or responsibilities with which it is charged under this chapter....
...rvices at reasonable cost to employers, and cannot be deemed arbitrary or capricious. The Division is authorized “to adopt rules to govern the performance of any programs, duties, or responsibilities with which it is charged under this chapter.” § 440.591, Fla.Stat....
...orkers. See Agrico Chemical Co. v. DER,
365 So.2d at 763 . We conclude the Division’s authority to adopt proposed Rules 38F-7.802(1) and (5), 38F-7.803(2), and 38F-7.806(2)(f) is reasonably implied by the express terms of sections
440.13(l)(d) and
440.591....
0 red0 yellow1 green0 procedural
Cited as authorityHolden (1996)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11470, 1994 WL 665702
...fication issued by the Department of Labor (DOL), and that it was in compliance with this requirement. The regulatory scheme governing the licensure of service companies is set forth in its entirety in Rule 38F pursuant to the legislative mandate of section 440.591, Florida Statutes, which delegates to the Workers’ Compensation Division of the DOL “the authority to adopt rules to govern the performance of any programs, duties or responsibilities with which it is charged under this chapter.�...
