Department of Revenue v. Vanamburg

In DOR v. Vanamburg, the appellate court reversed an order amending an order by the Administrative Law Judge (ALJ) because the department lost jurisdiction of the case when the Order was appealed. The appellant had initially sought a rehearing to correct errors, but later filed an appeal. That was proper because the department is not authorized to handle Motions for Rehearing as though under Rule 1.540. The ALJ, however, treated the motion as one to amend the order substantively, which it was likewise not authorized to do under the statute.

Department of Revenue v Vanamburg