Fla. Admin. Code Ann. R. 15A-6.015 - Failure to Appear
(1) If the driver
fails to appear at a scheduled hearing, the formal review shall be waived. The
division shall inform the driver of his failure to appear by HSMV Form 78064,
and shall include a final order.
(2) The driver, or a properly subpoenaed
witness who fails to appear at a scheduled hearing may submit to the hearing
officer a written statement showing just cause for such failure to appear
within two (2) days of the hearing.
(a) For
the purpose of this rule, just cause shall mean extraordinary circumstances
beyond the control of the driver, the driver's attorney, or the witness which
prevent that person from attending the hearing.
(b) If just cause is shown, the hearing shall
be continued and notice given.
(c)
No hearing shall be continued for a second failure to appear.
(d) Notification to the department of a
witness's non-appearance with just cause prior to the start of a scheduled
formal review shall not be deemed a failure to appear.
(3) This rule shall not apply to the
nonappearance of a driver who is represented at a formal review by an
attorney.
Notes
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 10-7-91, 2-21-93, 1-12-94, 1-2-96, 7-3-97, 3-11-07.
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