Fla. Admin. Code Ann. R. 34-8.015 - Appeal of Statutory Fines: Hearings, Unusual Circumstances
(1) A person who chooses to appeal or dispute
a fine imposed in accordance with Section
112.3144, F.S., shall file with
the Commission a notice of appeal within 30 days of the date the notice of
payment due is transmitted, setting out with specificity the unusual
circumstances surrounding the failure to file by the due date. The notice of
appeal may be accompanied by any documentation or evidence supporting the
claim, but must be received by the Commission no later than 30 days after the
date the notice of payment due is transmitted.
(2) Failure to timely file a notice of appeal
as described herein shall constitute a waiver of any such entitlement. A final
order of waiver shall be promptly entered by the chair of the
Commission.
(3) A person who seeks
a hearing before the Commission shall include in the notice of appeal a
separate request for hearing. If no request for hearing is included in the
notice of appeal, the Commission's determination shall be based on the notice
and any supporting information and shall be final agency action. If a separate
request for hearing is included in the notice, notice of hearing shall be
provided and the Commission's determination after hearing shall be final agency
action. Failure to appear in accordance with the notice of hearing shall
constitute a waiver of such entitlement, and the Commission shall dispose of
the case on the written record before it.
(4) "Unusual circumstances" means uncommon,
rare or sudden events over which the reporting individual had no control and
which directly result in the failure to act in accordance with the filing
requirements. Circumstances which allow for time in which to take those steps
necessary to assure compliance with the filing requirements shall be deemed not
to constitute unusual circumstances.
Notes
Rulemaking Authority 112.3144, 112.322(9) FS. Law Implemented 112.3144 FS.
New 11-7-01, Amended 10-12-15.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.