9.0 | Intro
Better News: TBD has copied, re-formatted, and published [almost] all publicly available ROs on this website (linked here).
Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the ROs
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: In this walkthrough, TBD will expound on the DOAH Recommended Order.
9.1 | The Laws that Govern DOAH Recommended Orders
“(15) “Recommended order” means the official recommendation of an administrative law judge assigned by [DOAH] or of any other duly authorized presiding officer, other than an agency head or member of an agency head, for the final disposition of a proceeding under ss. 120.569 and 120.57.”§120.57(1)(k) FS outlines what constitutes an RO:
“(k) The presiding officer shall complete and submit to the agency and all parties a recommended order consisting of findings of fact, conclusions of law, and recommended disposition or penalty, if applicable, and any other information required by law to be contained in the final order.”Please take note that there are only three things that constitute an RO:
- the Findings of Fact;
- the Conclusions of Law; and
- the Recommended Disposition
Nevertheless, these statutes can help frame your understanding of a Recommended Order.
9.2 | Proposed Order
28-106.215 FAC reads as follows:
“All parties may submit proposed findings of fact, conclusions of law, orders, and memoranda on the issues within a time designated by the presiding officer. Unless authorized by the presiding officer, proposed orders shall be limited to 40 pages.”The PO is – as it sounds – your proposed verdict of the case.3 Typically, you’ll get to submit it after you’ve had your hearing. Usually, your DOAH ALJ will set the deadline for it.
Generally speaking, you’ll model your PO after the DOAH ROs (see this index of DOAH Recommended Orders).
Also, feel free to use this how-to guide:
9.3 | Reading your Recommended Order
❶ Statement of the Issues
(b) correctly lists all of your charged bases (eg, age + sex; etc.)
(b) does not omit any material information
Then – for each numbered paragraph – do the following:
2. take note of (ie, write down):
b. the falsehood; and
c. the evidence
Thus, be cognizant of the requirement/doctrine of “competent substantial evidence” (see §120.57(1)(l) FS). The ALJ’s findings of fact are bound by this requirement (which is what you’ll want to highlight during your critical review of this RO section).
(b) inaccuracy (ie, the ALJ mischaracterized case-precedent/legislation);
9.4 | TBD’s Recommendations
• You might still get access to the federal 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 (and thereby enter the federal judiciary).
• Remember that the 14th Amendment (US Constitution) guarantees you the right to due process (ie, fundamental fairness)
• Remember that the 14th Amendment (US Constitution) guarantees you the right to the equal protections under the law
• 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.
9.5 | TBD’s Commentary
Well, the fight will continue [as you nudge closer to a judicial proceeding]. And you can get there more smoothly by fortifying your knowledge of the next phase (ie, Phase 10: The Final Order)...
