The 21-Day Battle in Administrative Actions

The Administration Commission updated the rules for administrative procedures, making it easier for people to access and understand the rules. They made changes to accommodate things like faxing documents and putting information on a website. They also made changes to how notices are given and how cases are handled in certain situations. Additionally, they included recent court decisions in the rules. One important change is the clarification of the rules for when a government agency files a complaint against someone’s professional license. The new rule explains what an administrative complaint is and outlines the steps for responding to it. It also requires the respondent to file a statement identifying the facts they disagree with and to state when they were served with the complaint. If they don’t respond on time, there can be consequences. When a government agency wants to take action against someone, they have to officially tell the person about it. This notice has to let the person know about their rights and the time limit for taking action. The notice can be delivered in person or by certified mail. If those methods don’t work, the notice can be published in a newspaper for several weeks. This makes sure that the person knows about the action and has a chance to respond. If you get a letter from a government agency about a decision that affects you, you have 21 days to respond to it. If you don’t, you might lose the right to challenge the decision. This time limit is important, and if you miss it, the agency can move forward without considering any reasons for why you didn’t respond. If someone is told they have to do something within a certain amount of time, and they don’t do it for a long time, they might lose the right to do it. But if they have a good reason for waiting and it doesn’t hurt anyone else, they might still be allowed to do it late. This happened in a case where a person said they sent their paperwork on time, but the agency didn’t get it in time. They were allowed to explain their side of the story in court and get another chance. But in another case, a person was late with their paperwork and didn’t have a good reason, so they weren’t allowed to explain themselves and they lost their chance. So basically, if you have a good reason for being late and it doesn’t hurt anyone else, you might still have a chance to make things right. Equitable tolling can be used as a defense in administrative proceedings. The rules have changed to clarify this. In informal hearings, if there is a dispute, a formal hearing can still be held. If an affected party files a general denial of a complaint, they may still have a chance to clarify and dispute it in a formal proceeding. In Jowhal v. Dept of Bus. & Prof. Reg., the court dealt with a statute that says if there is a dispute during a hearing, it has to be terminated and a formal hearing held. The court said the party has to request a hearing to use this statute. If a party doesn’t respond to a complaint, they can’t dispute any facts during a default proceeding, unless allowed by the agency. The court said the APA and rules of procedure govern how administrative cases are handled. Each action, whether by an agency or affected party, should have a clear procedural consequence. Shiv Narayan Persaud is a lawyer who works for the Department of Business and Professional Regulation, where he prosecutes real estate agents. He has experience working with the Department of Transportation and the Office of Insurance Regulation.

Source: https://www.floridabar.org/the-florida-bar-journal/the-21-day-battle-in-administrative-actions/