right to request hearing in Florida

2025We start with the basic premise that “[a]ny person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.” Aleong v. State, Dep’t of Bus. & Prof’l Regul., 963 So. 2d 799, 801 (Fla. 4th DCA 2007) (quoting Fla. Admin.

2014Regulation, 98 So.3d 189, 191 (Fla. 1st DCA 2012) (holding that when Wojnowski “failed to timely seek an administrative hearing to challenge the facts supporting OFR’s intended action, he waived any further opportunity to do so,” citing Florida Administrative Code Rule 28-106.111(4)); Diaz v. State, Dep’t of Bus. & Prof’l Regulation, 21 So.3d 919, 920 (Fla. 3d DCA 2009) (holding that any person who receives written notice of an agency decision that does or may determine substantial interests and who fails to file a written request for a hearing within 21 days waives the right to request a hear

2026Code 28-106.111(4) (“Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.”); Nicks v. Dep’t of Bus. & Pro., etc., 957 So. 2d 65 , 66 n.1 (Fla. 5th DCA 2007) (“When a party waives the right to challenge the factual allegations of an administrative complaint, either by requesting an informal hearing pursuant to section 120.57(2), Florida Statutes, or by failing to respond to the complaint at all, the facts of the complaint are deemed to be admitted. “); § 489.129(1)

2018See Applegate v. Barnett Bank of Tallahassee , 377 So.2d 1150 , 1152 (Fla. 1979) ("In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error."); Boylan v. Boylan , 571 So.2d 580 (Fla. 4th DCA 1990) ("Appellant has the burden of bringing before the appellate court an adequate record to support his appeal."); § 409.2563(7)(b), Fla. Stat. (2017) ("If the parent from whom support is being sought does not file a timely request for a hearing, the parent will be deemed to have waived the right to request a hearing

2019Regulation, 98 So. 3d 189, 191 (Fla. 1st DCA 2012) (holding that the appellant, by failing to timely seek an administrative hearing to challenge the facts supporting the appellee’s intended action, waived any further opportunity to do so); Aleong v. State, Dep’t of Bus. & Prof’l Regulation, 963 So. 2d 799, 801-02 (Fla. 4th DCA 2007) (upholding the Board of Veterinary Medicine’s order granting the Department’s Motion for Waiver of Rights filed after the appellant failed to make a timely request for a hearing to dispute the Department’s allegations); Autoworld of Am.

2014Regulation, 98 So.3d 189, 191 (Fla. 1st DCA 2012) (holding that when Wojnowski “failed to timely seek an administrative hearing to challenge the facts supporting OFR’s intended action, he waived any further opportunity to do so,” citing Florida Administrative Code Rule 28-106.111(4)); Diaz v. State, Dep’t of Bus. & Prof’l Regulation, 21 So.3d 919, 920 (Fla. 3d DCA 2009) (holding that any person who receives written notice of an agency decision that does or may determine substantial interests and who fails to file a written request for a hearing within 21 days waives the right to request a hear

1984See Sterman v. Florida State University, 414 So.2d 1102 (Fla. 1st DCA 1982); also see Henry v. State Department of Administration, 431 So.2d 677 (Fla. 1st DCA 1983); Wahlquist v. School Board of Liberty County, 423 So.2d 471 (Fla. 1st DCA 1982).

1983Sterman v. Florida State University Board of Regents, supra. We express no opinion, of course, regarding the merits of any claim appellant may assert with regard to the right to employment in any capacity.

2018See Applegate v. Barnett Bank of Tallahassee , 377 So.2d 1150 , 1152 (Fla. 1979) ("In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error."); Boylan v. Boylan , 571 So.2d 580 (Fla. 4th DCA 1990) ("Appellant has the burden of bringing before the appellate court an adequate record to support his appeal."); § 409.2563(7)(b), Fla. Stat. (2017) ("If the parent from whom support is being sought does not file a timely request for a hearing, the parent will be deemed to have waived the right to request a hearing

2014Corp. v. Dep’t of Highway Safety, 754 So.2d 76, 77 (Fla. 3d DCA 2000) (“In order to challenge the factual basis of the complaint, it would have been necessary for Autoworld to request a formal hearing under subsection 120.57(1).”).

2014Regulation, 98 So.3d 189, 191 (Fla. 1st DCA 2012) (holding that when Wojnowski “failed to timely seek an administrative hearing to challenge the facts supporting OFR’s intended action, he waived any further opportunity to do so,” citing Florida Administrative Code Rule 28-106.111(4)); Diaz v. State, Dep’t of Bus. & Prof’l Regulation, 21 So.3d 919, 920 (Fla. 3d DCA 2009) (holding that any person who receives written notice of an agency decision that does or may determine substantial interests and who fails to file a written request for a hearing within 21 days waives the right to request a hear

2006Cf. Velez v. Miami-Dade County Police Dep't, 934 So.2d 1162, 1165 (Fla.2006) ("This combination of a requirement of notification of the right to the adversarial preliminary hearing and the right to request the hearing indicates that the Legislature intended that the `person entitled to notice' have an opportunity to participate in that hearing.").