Florida Regulations 65-2.049: Hearing Request Procedures
Current as of: 2024 | Check for updates
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(1) Any hearing request, submitted to the Department, written or oral, must be sent by the Department to the Office of Appeal Hearings within three (3) working days, excluding holidays and weekends, along with a statement of the matters asserted by the Department and a copy of the Notice of Case Action when such Notice exists. This must include a reference to the particular section of the statutes or rules involved and be submitted with the hearing request. If it is an oral request, the Request for Hearing Form must be completed by Department staff, omitting the signature of the appellant.
(2) Upon receipt of the Request for Hearing, a supervisory review is mandated. The supervisory review or interview may satisfy the appellant regarding his/her case so that a request for hearing is withdrawn. Should an error be discovered during this process, immediate action shall be taken to rectify it, and the appellant shall be so advised.
(3) The Office of Appeal Hearings shall also be notified immediately when the review results in a change of status of the case. If the appellant is satisfied with the adjustment and/or explanation made by the Department representative, the appellant will be given the opportunity to withdraw the request. If the appellant chooses to withdraw the appeal, he/she will be requested to make a written statement to this effect, stating the reason for withdrawal. However, if the appellant declines to make a written statement, the Department representative shall immediately notify the Office of Appeal Hearings, in writing, of the appellant’s decision.
Rulemaking Authority 409.285 FS. Law Implemented Florida Statutes § 409.285. History-New 5-17-78, Formerly 10-2.49, 10-2.049, Amended 4-2-18.
Terms Used In Florida Regulations 65-2.049
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(3) The Office of Appeal Hearings shall also be notified immediately when the review results in a change of status of the case. If the appellant is satisfied with the adjustment and/or explanation made by the Department representative, the appellant will be given the opportunity to withdraw the request. If the appellant chooses to withdraw the appeal, he/she will be requested to make a written statement to this effect, stating the reason for withdrawal. However, if the appellant declines to make a written statement, the Department representative shall immediately notify the Office of Appeal Hearings, in writing, of the appellant’s decision.
Rulemaking Authority 409.285 FS. Law Implemented Florida Statutes § 409.285. History-New 5-17-78, Formerly 10-2.49, 10-2.049, Amended 4-2-18.