Theresa Oldring v. School Board Duval County

Dr. Lucy Marrero appeals a final order of the Board of Psychological Examiners that permanently denied her application for examination and licensure as a psychologist on the ground that her license to practice psychology in Texas had been suspended based on felony convictions related to her practice of psychology in that state. She urges two points on this appeal. First, she asserts that the Board failed to comply with section 455.2273, Florida Statutes (1991), because it did not impose a penalty in accordance with the disciplinary guidelines set out in rule 21U-18.003(1), Florida Administrative Code, and it did not make any specific findings of the aggravating circumstances that would permit the Board to impose a penalty greater than that provided in the guidelines rule. Second, Dr. Marrero asserts that the Boards failure to maintain a subject-matter index, as required by sections 120.53 - 120.533, Florida Statutes (1991), deprived her of notice that the Board might permanently deny her application based on purported precedent and therefore constituted a denial of due process of law. Because the Board concedes on appeal that it did not rely on precedent in permanently denying Dr. Marreros application, we need not address the second issue. With regard to the first issue, we hold that the Boards exercise of discretion was inconsistent with the requirements in section 455.2273 and rule 21U-18.003 and vacate the order, and pursuant to section 120.68(12), Florida Statutes (1991), we remand with directions for further proceedings.