Representing Yourself at an Informal Hearing

• An informal hearing is a legal proceeding conducted pursuant to section 120.57(2), Florida Statutes, and Rule 28-106, Parts I and III, Florida Administrative Code. In this type of proceeding, you are not disputing the facts alleged in either a Notice of Intent to Deny your license application, or an Administrative Complaint charging you with violations of the law governing your license. An informal hearing provides you with the opportunity to explain your situation, to present mitigating information, and to provide legal argument as to why the OFR should not proceed with its intended legal action against you. The informal hearing will be conducted by a Hearing Officer appointed by the Commissioner of the OFR. The Hearing Officer's role is to provide for the orderly presentation of the case, to evaluate the testimony and documentary evidence, and to make an objective recommendation to the Commissioner as to how the case should be decided based on the facts and the law.
• At your own expense, you are entitled to have an attorney represent you at the hearing, or you may present your case yourself. You also may ask a non-lawyer you trust to present your case for you.
• When an informal hearing is granted, the OFR will enter an Order, signed by the Commissioner, appointing a Hearing Officer. You will receive a copy of the Order by email. The Hearing Officer will provide you and the OFR’s attorney with an Order requesting information needed to coordinate and schedule a hearing date. If you requested an oral hearing, you will be asked to submit the following information: whether you are requesting a telephonic hearing, a hearing by video teleconference, or an in-person hearing at a proposed physical location; suggested dates for the hearing; and, the amount of time you anticipate it will take to present your case. If you do not request an oral hearing, you may instead elect to proceed on written statements provided by you and the OFR attorney.
• If an oral hearing is to be held, the Hearing Officer will send you a Notice of Hearing which will provide the date, time, and location for the hearing. The OFR conducts hearings in Tallahassee and various other locations throughout the state, as well as by video teleconference and by telephone. If you wish to appear in person to present your case, the Office will attempt to schedule the hearing at a location in a state office building or similar facility as close as possible to your preferred location. The OFR attorney may appear telephonically from his or her office in Tallahassee or from another regional office.

• Make a list of all the information which relates to your case and which you wish to present. Have sufficient copies of your documents so that you can provide copies to the OFR attorney and the Hearing Officer.
• You may call witnesses to testify on your behalf. Please note that you are responsible for making arrangements for your witnesses to appear at the hearing, and you must provide sufficient notice to the OFR attorney and Hearing Officer that you intend to call witnesses.

• Before the presentation of any evidence, the Hearing Officer will explain the procedures to be followed.
• You and the Office's attorney will each have the opportunity to make a brief opening statement in order to generally state your position.
• Each party will have the opportunity present their documents, and to question any witnesses called to testify.
• A court reporter will be present to swear in any witnesses prior to taking their testimony.
• The court reporter will record everything that is said during the hearing. At the conclusion of the hearing, you will be asked if you wish to order a transcription of the hearing. The cost of the transcript will be at your expense. In the alternative, if the OFR‘s attorney orders a transcript, you may pay for a copy.

• You and the OFR's attorney will each have the opportunity to submit a Proposed Recommended Order, which is your written statement of how you contend the case should be decided based on the evidence presented at the hearing. The Hearing Officer will set a date by which the Proposed Recommended Orders must be submitted, usually 10 days after the court reporter files the hearing transcript.
• After receiving the Proposed Recommended Orders, the Hearing Officer will issue his or her Recommended Order, which is the Hearing Officer's recommendation to the OFR as to how the matter should be resolved based on the law and the evidence presented at the hearing. Within 90 days of the conclusion of the hearing, the OFR will issue a Final Order which expresses the OFR’s final decision on the case.
• If you are disappointed with the Final Order, you may file an appeal with a Florida District Court of Appeal in the manner provided in the Notice of Rights that will be attached to the Final Order.

• No ex parte communications are permitted during this proceeding. That means neither you nor the OFR's attorney may communicate separately with the Hearing Officer about your case. If you need to send an email to the Hearing Officer, you must include the OFR’s attorney on the email.
• Timely notify the OFR's attorney and the Hearing Officer of any changes in availability for the hearing. If you fail to attend the hearing, a Recommended Order will be issued without testimony or other evidence provided by you.
• Similarly, if you are going to be late for the hearing, contact the Agency Clerk, who will notify the Hearing Officer.

This document is provided as a general overview of the informal hearing procedure as conducted by the OFR. It is not meant to include all circumstances that may arise, nor is it to be construed as legal advice. If you have questions regarding the informal hearing procedure, you should seek advice from an attorney of your choice. In the alternative, you may communicate with the Office's attorney assigned to your case on procedural matters, but keep in mind that the OFR 's attorney does not represent you and cannot give you legal advice.