From: Marc W. Dunbar [marc@penningtonlaw.com]
Sent: Wednesday, September 07, 2011 10:25 AM
To: MacNamara, Steve
Subject: Rules repeal

Love the press!!!

How about you also have your agencies stop appealing ALJ rulings that find they have no authority for rules as well?  These guys are defending bad rules from prior administrations, losing attorney's fees in the process and inhibiting business from operating.

I have a case that I have to file a brief on next week.  It is just ridiculous DBPR is saying that the rule is needed to protect the integrity of a slot machine, but at least 18 other states do not place such a restriction on their slot machine industry.  Florida's operations are handicapped because of bad rules from the Bush-era that were designed to inhibit the success of the industry.

Just absurd, also there is attorney's fee motion pending since the rule was found invalid.  We offered to the new Secretary that we would withdraw the fee request if they didn't appeal, but that didn't go anywhere apparently as DBPR filed their brief last week.  This year, I'm already into DBPR on another case for probably 6 figures in attorney fees, the hearing on the fee award is next week.

You really need to get those guys on the right page.

Love what you're doing over there... keep up the good work!

Marc