The Department seeks a proposed change to this rule in order to clarify jurisdiction for hearings at Bureau of Administrative Review (BAR) offices. This proposed language could provide cost-savings by providing greater flexibility for Hearing ...  

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    DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
    Division of Driver Licenses

    RULE NO.: RULE TITLE:
    15A-6.009: Venue
    PURPOSE AND EFFECT: The Department seeks a proposed change to this rule in order to clarify jurisdiction for hearings at Bureau of Administrative Review (BAR) offices. This proposed language could provide cost-savings by providing greater flexibility for Hearing Officers and witnesses to appear telephonically in lieu of personal appearances at BAR offices.
    SUMMARY: The rule identifies the proper location for administrative hearings regarding driver license suspensions, and authorizes the use of communication technology in such hearings.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
    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.
    RULEMAKING AUTHORITY: 322.02(6), 322.2615(12), 322.2616(13), 322.64(12) FS.
    LAW IMPLEMENTED: 322.2615, 322.2616, 322.64 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: March 11, 2013, 2:00 p.m.
    PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room Number B130, Tallahassee, Florida 32399
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Kathy Jimenez-Morales, Chief of Bureau of Administrative Reviews, 2900 Apalachee Parkway, Room #A-432, Tallahassee, Florida 32399, (850)617-2607.. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathy Jimenez-Morales, Chief of Bureau of Administrative Reviews, 2900 Apalachee Parkway, Room #A-432, Tallahassee, Florida 32399, (850)617-2607

    THE FULL TEXT OF THE PROPOSED RULE IS:

    15A-6.009 Venue. Location of Hearings

    Hearings shall be held at the nearest Department Hearing Office assigned to the county where the arrest occurred or the notice of suspension or disqualification was issued. in the judicial circuit where the notice of suspension was issued, unless otherwise ordered by the hearing officer with the consent of the driver. The Hearing Officer is authorized to conduct all hearings using communications  technology approved by the department.

    Rulemaking Specific Authority 322.2615(12), 322.2616(13), 322.02(6)(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 1-2-96, 7-3-97, _________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Kathy Jimenez-Morales, Chief of Bureau of Administrative Reviews
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 7, 2013
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2012

Document Information

Comments Open:
2/11/2013
Summary:
The rule identifies the proper location for administrative hearings regarding driver license suspensions, and authorizes the use of communication technology in such hearings.
Purpose:
The Department seeks a proposed change to this rule in order to clarify jurisdiction for hearings at Bureau of Administrative Review (BAR) offices. This proposed language could provide cost-savings by providing greater flexibility for Hearing Officers and witnesses to appear telephonically in lieu of personal appearances at BAR offices.
Rulemaking Authority:
322.02(6), 322.2615(12), 322.2616(13), 322.64(12) FS.
Law:
322.2615, 322.2616, 322.64 FS.
Contact:
Kathy Jimenez-Morales, Chief of Bureau of Administrative Reviews, 2900 Apalachee Parkway, Room #A-432, Tallahassee, Florida 32399, (850)617-2607
Related Rules: (1)
15A-6.009. Venue