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The post below was published on Saturday, January 22nd, 2011 at 9:29 PM.

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Uncertified Disagreement: Challenging Expired Rules

In this decision, the First District heard an appeal from an administrative order determining that an expired rule was an invalid exercise of authority. The appellee filed its rule challenge after the rule’s expiration, and the appellant agencies argued that the challenge came too late. The district court agreed and reversed the order.

The court expressly recognized that an earlier Fourth District decision held that an expired rule could be challenged so long as it was still being applied to the petitioner. The First District expressly disagreed but did not certify conflict.

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