62-602.570. Formal Administrative Hearing Petition and Pre-hearing Review Request  

Effective on Monday, October 15, 2007
  • 1Under Sections 3120.569 4and 5120.57, 6F.S. and Rules 6210-11110.106, 2813-14106.201 and 2817-18106.301, F.A.C., a candidate 22who has taken and failed an examination 29may petition for an administrative hearing under the following terms and conditions:

    41(42143) 44A45ll petitions for administrative hearings shall be filed no later than twenty57-58one (21) days after the applicant receives the Department’s grade notification 69letter. No petition received more than 21 days from the date of receipt of the grade notification letter will be accepted. The petition shall conform to Rule 9628-106.201, 97F.A.C., when material facts are in dispute, or Rule 10628-106.301, 107F.A.C., when no material facts are in dispute.

    115(1162117) After the petition has been filed, for the purpose of preparing for the administrative hearing, the candidate and the candidate’s attorney will be permitted to review examination questions, answers, papers, grades, and grade keys for the questions the candidate answered incorrectly. The request for such review will be submitted to the Department in writing.

    172(3) If, while preparing for a hearing, the Department discovers that credit should be awarded for one or more examination questions listed in the candidate’s petition for a hearing, the Department shall issue an amended grade notification letter reflecting the candidate’s amended score.

    215Specific Authority 217403.869 FS. 219Law Implemented 221403.872 FS. 223History–New 22412-30-99, 225Amended 22610-15-07227.

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