6A-25.011. Division Determinations, Review Procedures

(1) Administrative Review.

(a) An individual may request an administrative review when he or she is dissatisfied with and wishes to dispute a division determination. The Area Director or his or her designee shall, upon request by the individual, conduct the administrative review to facilitate the speedy resolution of the dispute.

(b) The individual or his or her authorized representative shall have twenty-one (21) calendar days from the date of receipt of the notification of determination to inform the division in writing of his or her desire for an administrative review. The individual may elect to bypass the administrative review and file a petition for an administrative hearing. The individual, the individual’s representative or Client Assistance Program, if representing the individual, may initiate a timely request to extend the twenty-one (21) days.

(c) The individual or authorized representative may attend the administrative review in person or by teleconference and shall have the right to present information relevant to the determination.

(d) The Area Director or his or her designee shall render his or her decision based upon the individual’s case file, any information presented by the individual or by the division at the administrative review, any other pertinent information, and applicable law, regulation, and policy.

(e) The Area Director or his or her designee shall render a decision in writing consisting of findings and conclusions within five (5) working days of the administrative review.

(f) The individual shall have the right to challenge the administrative review decision by timely filing with the Director of the division a request for mediation or a petition for an administrative hearing within twenty-one (21) days of receipt of the decision.

(2) Mediation.

(a) If an individual files a petition for an administrative hearing, and upon the agreement of the individual and the division, the dispute shall be mediated by a family, county court or civil court mediator certified by the Florida Supreme Court. Such mediation shall be paid for by the division.

(b) The division shall propose three (3) certified mediators from the judicial circuit in which the individual resides. The individual shall select from such list one (1) of the three (3) to mediate the dispute. The mediator may not have been previously involved in the individual’s vocational rehabilitation or have a personal, professional, or financial interest that would impair the mediator’s objectivity.

(3) Administrative Hearing.

(a) If the individual is dissatisfied with any determination made by the division and/or decision of the administrative review or the outcome of mediation, or has elected to bypass the administrative review or mediation, the individual may file a written request for an administrative hearing before an Administrative Law Judge (ALJ) assigned by the Division of Administrative Hearings (DOAH).

(b) The request for an administrative hearing must be made within the twenty-one (21) days after the administrative review decision is received, or if the administrative review option is bypassed by the individual, within the twenty-one (21) days after the notification of the determination of the division is received. The request for an administrative hearing must be addressed to the Director of the division.

(c) The individual may be represented at the administrative hearing by an attorney or any person selected by the applicant or eligible individual competent to meet the requirements for a personal representative pursuant to rule 28-106.106, F.A.C. During the administrative hearing, the individual, or as appropriate, the individual’s representative, may present witnesses and evidence and may examine all witnesses and other relevant sources of information and evidence.

(d) The administrative hearing shall be conducted in conformance with the requirements of chapter 120, F.S. and chapter 28-106, F.A.C.

(e) The ALJ shall issue a Recommended Order. The Florida Commissioner of Education shall review the Recommended Order and the parties’ Exceptions to the Recommended Order, if any, and, pursuant to Section 120.57, F.S., issue a Final Order. The Commissioner may not overturn or modify the ALJ’s Recommended Order except as provided in section 120.57(l), F.S.

(4) Judicial Review. An individual who has exhausted all available and adequate administrative remedies and is aggrieved by the administrative disposition of the matter in dispute is entitled to (1) judicial review as provided by section 120.68, F.S.; or (2) bring a civil action as provided by 29 U.S.C. §722(5)(j).

Rulemaking Authority 413.22 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Formerly 38J-1.006, Amended 2-19-19.