When to Request a Formal Administrative Hearing

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Carlos M. Gonzalez v. Department of Health, Case No. 1D12-3888, filed November 12, 2013 [also see eelier appeal reported at 120 So. 3d 234 (Fla. 1st DCA 2013]: Failure to request a formal administrative hearing when it became apparent at the informal hearing that the material facts were in dispute does not preserve that issue for appeal notwithstanding that a formal hearing should then be held pursuant to Mixon v. Department of State, 686 So. 2d 755 (Fla. 1st DCA 1997), since it is not the responsibility of the administrative board to terminate an informal hearing when disputed material facts become apparent. Goodson v. Florida Department of Business and Professional Regulation, Division of Real Estate, 978 So. 2d 195 (Fla. 1st DCA 2008).

(From Construction Regulation Subcommittee Monthly Report 11/2013)


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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