It is the purpose of this rule to further clarify the procedures for a pre-hearing review request.

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance

RULE NO: RULE TITLE
64B-1.009: Requesting a Pre-hearing Review
PURPOSE AND EFFECT: It is the purpose of this rule to further clarify the procedures for a pre-hearing review request.
SUMMARY: The proposed amendments will clarify the procedures by which a candidate may request a pre-hearing review.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 456.004(5), 456.014, 456.017(2) FS.
LAW IMPLEMENTED: 456.014, 456.017 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Wenhold, Manager of Testing Services, Division of Medical Quality Assurance, Bureau of Operations, 4052 Bald Cypress Way, Mail Bin C-90, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-1.009 Requesting a Pre-hearing Review Request.

After the candidate’s petition for a hearing, pursuant to Section 120.57, Florida Statutes, and Rule 28-106.201, Florida Administrative Code, has been filed, either the candidate, and the candidate’s attorney or both shall be permitted a one (1) pre-hearing review pursuant to Rule 28-106.209, Florida Adminstrative Code of the disputed examination questions and answers at the department’s headquarters in Tallahassee to prepare for the purpose of preparing for the administrative hearing under the following conditions:

(1) Pre-hearing reviews will not be conducted during the thirty (30) days period immediately prior to the next examination.

(2) The candidate shall submit aAwritten request for such review shall be submitted to the department’s attorney at least fourteen (14) days prior to the hearing date or other time as directed by the presiding officer.

(3) The candidate must will be required to pay a pre-hearing review fee as established by the department in order to receive a pre-hearing review.

(4) The department will not respond to any oral or written comments made about the examination during the pre-hearing review.

(5) All procedures outlined in Rules 64B-1.004 and 64B-1.013, Florida Administrative Code, shall apply to pre-hearing reviews. Rule 64B-1.013, Florida Administrative Code, shall apply to the candidate and the candidate’s attorney, if present, for the pre-hearing review.

Specific Authority 456.004(5), 456.014, 456.017(2) FS. Law Implemented 456.014, 456.017 FS. History–New 9-7-98, Amended 2-21-00, 7-20-03,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jennifer Wenhold
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Wenhold
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 14, 2007