8.0 | Intro
Better News: TBD has created many how-to guides, templates, and tools that you can use to navigate through your DOAH proceeding.
Features:
✔ Free
✔ Interactive
✔ Uninvasive
✓ No Contracts
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Best News: In this walkthrough, TBD will expound on the DOAH proceeding.
8.1 | The Laws that Govern DOAH Proceedings
“(a) ...petition or request for a hearing under this section shall be filed with the [FCHR]. If the [FCHR] requests an administrative law judge from [DOAH], it shall so notify [DOAH] by electronic means through [DOAH]’s website within 15 days after receipt of the petition or request. A request for a hearing shall be granted or denied within 15 days after receipt. On the request of [the FCHR], [DOAH] shall assign an administrative law judge with due regard to the expertise required for the particular matter. The [FCHR] shall take no further action with respect to a proceeding under s. 120.57(1)...”In laymen’s terms, the FCHR sends your discrimination charge to DOAH.
From there, DOAH will conduct a quasi-judicial proceeding; as explained by §120.57(1)(b) FS:
“(b) All parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to the presiding officer’s recommended order, and to be represented by counsel or other qualified representative. When appropriate, the general public may be given an opportunity to present oral or written communications. If the agency proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut the material.”§120.57(1)(k) FS outlines what DOAH will produce at the end of this proceeding:
“(k) The presiding officer shall complete and submit to the agency and all parties a recommended order...”Finally, §120.57(1)(l) brings the whole transmitted proceeding full circle (paraphrasing added):
“(l) The [FCHR] may adopt the recommended order as the final order of the [FCHR]. The [FCHR] in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and interpretation of administrative rules over which it has substantive jurisdiction...”All of these above-listed statutes fall under Florida’s Administrative Procedures Act (“APA”; §120 FS). Of course, the APA covers DOAH’s procedural jurisdiction. The FCRA (§760 FS) still covers the substantive jurisdiction of your charge. In laymen’s terms, the FCRA governs the subject matter (ie, the “particular matter” – see §120.569(2)(a) FS) of your case, while the APA [temporarily] governs the proceeding of your case.
These statutes bring up an important distinction between the two administrative agencies (which will control your DOAH case).
8.2 | DOAH, the FCHR, and Your Discrimination Case
| DOAH | FCHR | |
|---|---|---|
| Jurisdiction: | State | State |
| Territory: | FL | FL |
| Laws: | §120 FS | §760 FS |
| Branch: | Executive | Executive |
| Duty: | Hold Hearings | Investigate Discrimination |
| Regulations: | Chapter 28-106 FAC | 60Y-1 through 60Y-25 |
Of course, DOAH has similar arrangements with many other state agencies. Yet the FCHR is one of its biggest financial providers (see DOAH Reports2). Plus – and unlike most of the other state agencies – the FCHR lives under the same roof as DOAH (ie, under DMS’ roof).
In laymen’s terms, DOAH is the FCHR’s hungry brother. To quench his hunger, the FCHR pays him money. And, in turn, he tells her a story about you. A story, importantly, that almost always reinforces her arbitrary/false inclinations (see Phase 6: Determination). A story, importantly, that is never evaluated/proofread by a jury of your peers. A story, additionally, that has – on at least one occasion – been based a judge’s perjury (as well as a judge’s destruction of evidence) [read | watch].
8.3 | The Rules & Regulations that Govern your DOAH Proceeding
8.4 | The Docket (Motions, Notices, Orders, Responses, and more)
One of the first documents that you’ll receive is the Initial Order (which comes from DOAH itself).3 This short document just serves to orient you to the proceeding. From there, you’ll file motions, notices, responses, subpoena/discovery requests, and more.
Some documents won’t require any action from you, while others will. So, stay cognizant of:
(b) the judge’s orders; and
(c) the governing rules/regulations/statutes.
➫ How-To Guides for Requesting Civil Indigence
➫ How-To Guides for Requesting Issuance of a Subpoena
➫ How-To Guides for Various Motions
➫ How-To Guides for Various Responses
➫ How-To Guide for Writing a Notice of Appeal
➫ Official Handbooks for Pro Se Litigation
8.5 | TBD’s Recommendations
o Also, you’ll have to appear at your hearing
o 7th Amendment (Trial by Jury)
o 14th Amendment (Due Process)
o 14th Amendment (Equal protection)
• You are still in the executive branch of government
o The FCHR is also part of the executive branch
o If you have a dual-filed case, then you will be able to [legally] withstand whatever happens in the DOAH proceeding
• DOAH’s Uniform Rules of Procedure (ie, Chapter 28-106 FAC)
• Rule 9.030 Fla. R. App. P.
• Rule 9.110 Fla. R. App. P.
• Rule 9.120 Fla. R. App. P.
• Rule 9.190 Fla. R. App. P.
• Rule 2.514 Fla. R. Jud. Admin.
• Rule 201 Fed. R. Evid.
8.6 | TBD’s Commentary
A key part of your journey will be knowing how to navigate through the final stage of the DOAH proceeding (ie, the Recommended Order); and you can fortify that knowledge by learning about the next phase (ie, Phase 9: Recommended Order)...
