Fla. Admin. Code Ann. R. 15A-6.013 - Formal Review; Introduction of Evidence; Order

(1) Upon receipt of a timely request for formal review, the division shall schedule a hearing to be held within 30 days after the request is received by the division, unless waived by the driver.

(a) If the division is unable to schedule a hearing within the 30-day period, the division shall invalidate the suspension or disqualification. However, a continuance of a formal review scheduled to be heard within the 30-day period shall not affect the validity of the suspension or disqualification.

(b) If the formal review is not conducted within the 30-day period because it is continued at the initiative of the division, rather than at the request of a driver, the division shall issue to the driver a temporary driving permit, provided that the driver is otherwise eligible to drive. The permit, which shall authorize driving for business purposes only, shall be valid until the time of the hearing.

(2) The hearing officer may consider any report or photocopies of such report submitted by a law enforcement officer, correctional officer or law enforcement or correctional agency relating to the suspension of the driver, the administration or analysis of a breath or blood test, the maintenance of a breath testing instrument, or a refusal to submit to a breath, blood, or urine test, which has been filed prior to or at the review. Any such reports submitted to the hearing officer shall be in the record for consideration by the hearing officer.

No extrinsic evidence of authenticity as a condition precedent to admissibility is required.

(3) To be considered as evidence, any relevant document which is not self authenticating as provided by subsection (2) may be introduced into evidence at the formal review if it has been properly authenticated by a witness or under a statute permitting its introduction by another method of authentication.

(4) Oral evidence shall be taken only on oath or affirmation.

(5) The driver shall have the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against the driver.

(6) Any relevant evidence shall be admitted, provided that it is timely filed as provided in this rule. Relevant evidence is defined as evidence which tends to prove or disprove a material fact.

(7) The hearing officer shall determine whether the suspension or disqualification is supported by a preponderance of the evidence.

(a) The scope of the review shall be limited to the issues delineated in Section 322.2615(7), 322.2616(8) or 322.64(7), F.S.

(b) The hearing officer shall restrict the course of the hearing and the evidence to the issues of fact and law raised in the notice of hearing or in any prehearing statement filed by the driver in response to the prehearing order issued pursuant to Rule 15A-6.011, F.A.C.

(c) The hearing officer is the sole decision maker as to the weight, relevance and credibility of any evidence presented.

(8) The testimony of any witness shall be under oath.

(9) The hearing officer may question any witness.

(10) The hearing officer, upon request at the hearing, may provide a reasonable time for a closing statement by the driver at the end of the hearing.

(11) The hearing officer is authorized to enter a final order. The hearing officer shall file the original order, HSMV Form 78060, with the clerk and the division shall transmit a copy of the order to the driver no later than seven (7) working days from the close of the hearing, unless waived by the driver.

(12) The date of rendition of a final order shall be the date of mailing entered on the driver license record.

Notes

Fla. Admin. Code Ann. R. 15A-6.013

Rulemaking Authority 322.2615 (12), 322.2616 (13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS.

New 10-1-90, Amended 10-17-90, 10-7-91, 1-12-94, 1-2-96, 7-3-97, 3-11-07.

New 10-1-90, Amended 10-17-90, 10-7-91, 1-12-94, 1-2-96, 7-3-97, 3-11-07.