The Association of Condominiums, Inc., an association of condominium associations whose members are residents of the Fifth Appellate District, seeks to challenge in this court by common law certiorari1 or by appeal,2 an amendment to Rule 12A-1.61 adopted by Florida’s Department of Revenue. The Association claims it requested advance notice of the proceedings leading up to the adoption of the amendment pursuant to section 120.57(2), Florida Statutes (1981). The Department conceded the following facts in its Response:
1) On October 1, 1982, the Department-served notice on the Association of the proposed amendment.
2) On October 7, 1982, the Association filed with the Department a notice of its intent to appear and make a presentation at the proposed hearing on October 22, 1982.
3) On October 19, 1982, the Department advised the Association the hearing was postponed and would be rescheduled.
4) On October 29, 1982, the Department published a notice in the Florida Administrative Weekly that the hearing had been postponed one month.
5) On November 9, 1982, without any further notice to the Association, nor any other kind of notice, the Department adopted the proposed amendment, and caused it to be filed with the Secretary of State.
Review of final agency action is being sought in this case under circumstances where the agency admittedly acted in violation of subsections 120.54(3) & (4), Florida Statutes (1981). This statute clearly provides that persons adversely affected by a proposed rule be given notice and afforded an opportunity to be heard prior to the adoption of a final rule.3 The Association was not given notice; nor was a hearing held before the amendment was approved by the Department.
Judicial review of this kind of agency action is appropriate under section 120.-68(1), Florida Statutes (1981). The point here is not to review the agency’s record or documents supporting its reasons for adopting the amended rule. We do not reach the *750merits of this question.4 Rather, we find on the basis of the admissions of the Department in its response that the procedure by which the amendment was adopted was fatally flawed by material error. § 120.68(8), Fla.Stat. (1981). Accordingly, we quash the rule as amended and we remand this proceeding to the Department for further agency action on the proposed rule, pursuant to sections 120.53 and 120.54, Florida Statutes (1981). Further, we award petitioner attorney’s fees in the amount of one thousand five hundred dollars ($1,500.00) and the costs incurred in filing this appeal in the amount of fifty dollars ($50.00). Graham Contracting, Inc. v. Department of General Services, 363 So.2d 810 (Fla. 1st DCA 1978); § 120.57(l)(b)(9), Fla.Stat. (1981).
RULE QUASHED AND REMANDED.
COBB and FRANK D. UPCHURCH, JJ., concur.