5D01-1030 Stueber v. Gallager

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-1030

Case Date: 02/25/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 JAMES W. STUEBER, Appellant, v. Case No. 5D01-1030 TOM GALLAGHER AS COMMISSIONER OF EDUCATION, Appellee. / Opinion filed March 1, 2002 Administrative Appeal from the Education Practices Commission. Howard J. Hochman, Miami, for Appellant. J. David Holder, Santa Rosa Beach, for Appellee. PALMER, J. In this administrative appeal, James W. Stueber appeals a final order entered by the Florida Education Practices Commission ("EPC") which permanently revoked his educator's certificate. Stueber contends that he was deprived of due process of law during his informal hearing when the Commissioner of Education alleged additional claims of wrongdoing and when the EPC failed to refer the matter for a formal hearing when it became apparent that issues of material fact were in dispute. Concluding that Stueber failed to preserve his right to raise these issues on appeal, we affirm. Stueber was employed by the Citrus County School Board as a high school art teacher. In August 2000 an administrative complaint was filed against him by the Commissioner of Education. The complaint set forth three material allegations of wrongdoing and sought disciplinary sanctions related thereto. See

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