ITEM 15A | INTRODUCTION
First, it is important to understand what types of agency actions or orders may be subject to judicial review. Often, a person affected by a state agency’s actions is entitled to a hearing before an administrative tribunal, which is similar to a trial in court. The hearing may be a formal hearing before an administrative law judge at the Division of Administrative Hearings (“DOAH”), or an informal hearing before a hearing officer appointed by the agency. See Chapter 120, Florida Statutes. Typically, the administrative law judge or hearing officer listens to the witnesses, considers the evidence, and then issues a recommended or proposed order, which often makes findings of fact, conclusions of law, and recommends to the agency what the final outcome should be. An appeal generally cannot be taken from a recommended order or a proposed recommended order. Rather, an appeal usually can only be taken from the final agency order, which is usually entered after the recommended or proposed order.
If a party disagrees with a recommended or proposed order, he or she usually must file “exceptions,” which are written objections. Exceptions should be filed to preserve the objections for the appeal from the later final agency order. Objections not made by exceptions to the recommended/proposed order may be waived. Exceptions generally must be filed with the clerk of the specific agency no later than 15 days after the date of the recommended/proposed order. The exceptions will be addressed or ruled on by the agency in its final order.
Footnotes
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
