Contested Administrative Hearings in Florida
A contested administrative hearing is a formal proceeding before the Division of Administrative Hearings (DOAH) where disputed facts underlying a Florida agency's proposed action are litigated. These hearings provide due process protections to individuals and businesses affected by government decisions.
The DOAH Process
When a party disputes the factual basis of a Florida agency's proposed action, Section 120.57(1) entitles them to a formal hearing before an independent administrative law judge. The ALJ manages discovery, conducts the hearing (with sworn testimony, exhibits, and cross-examination), and issues a recommended order containing findings of fact, conclusions of law, and a recommended disposition. The agency issues the final order but must accept the ALJ's factual findings unless they lack competent, substantial evidence.
Strategic Considerations
Parties in Florida contested hearings must file their petition within 21 days of the proposed agency action notice. The petition must identify the disputed facts and the relief sought. Pre-hearing procedures include discovery, motions, and mediation. Given the complexity and the short deadlines, retaining counsel experienced in Florida administrative law is strongly advised.
Related Terms
Barnes Walker Litigation
Barnes Walker represents businesses and professionals in contested administrative hearings before DOAH and Florida regulatory agencies. Contact us for administrative law guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC