Fla. Admin. Code Ann. R. 34-8.215 - Appeal of Statutory Fines: Hearings, Unusual Circumstances
(1) A person who chooses to appeal or dispute
a fine imposed in accordance with Section
112.3145, 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 Commission.
(3) A person desiring 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 112.322(9) FS. Law Implemented 112.3145 FS.
New 11-7-01, Amended 10-12-15.
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