Adjudication of Disputed Issues of Fact Under the APA

Mr. Jones applied for a license to operate widgets in Florida, but the Board of Widgets denied his application because he had negligence cases filed against him and had disciplinary action taken in another state. He tried to convince the board that he could operate widgets safely, but they still denied his application. The board sent Mr. Jones a letter saying they made a decision he doesn’t agree with. He has 21 days to ask for a hearing about it. He filed a petition with the board and they sent it to the Department of Administrative Hearings. The board can’t do anything else about the case while the hearing is happening. The hearing will be a completely new review of the case, not just a review of the board’s decision. The Department of Administrative Hearings will assign a judge and then set a date for the hearing. The petition will be heard according to the rules and procedures. Both parties can request information and documents from each other. If one party doesn’t respond, they could face penalties. If you disagree with a decision, you can ask a higher court to review it. In the final hearing, both parties can present their cases and evidence, and argue their side. After the hearing, both parties can submit their proposed recommendations. After a hearing with a judge, a decision will be made and written down. This decision will be sent to a board, which has 30 days to review it and make it final. If the parties want to challenge the decision, they have 15 days to do so. The board can either agree with the decision or change it, but they have to have a good reason for doing so. This decision can be based on the evidence presented during the hearing. If a party disagrees with a final decision made by a government agency, they can ask a court to review the decision. They have to file a notice of appeal within 30 days of the final decision. The court will then review the information from the agency and make a decision. There are specific rules for how the process works, including deadlines for filing documents and what information needs to be included. The court can make different kinds of decisions, and there are specific rules about how they can review the agency’s decision. If the party disagrees with the court’s decision, they can request another review. Charles A. Stampelos is a judge who works in Tallahassee. He is a member of The Florida Bar and is allowed to practice law in three different places. He got his law degree in 1976 from the College of William and Mary. This column is written on behalf of the Administrative Law Section, with Donna E. Blanton as the chair and Richard M. Ellis as the editor.

Source: https://www.floridabar.org/the-florida-bar-journal/adjudication-of-disputed-issues-of-fact-under-the-apa/