ch6 rev 4

If a licensee does not agree with the final order with whom does he or she file a petition for review

If a licensee does not agree with the final order, he or she may file a petition for review with the Florida District Court of Appeals within 30 days of the final order.

In a complaint who is the respondent

the person whom the complaint has been filed (licensed or unlicensed) is the respondent

What is a legally sufficient complaint

( a legally sufficient complaint is one that alleges a ciolation of law or rule and that has sufficient supporting evidence. Sufficiency is determined prior to any recommendation by the probable cause panel or filing of a format complaint.

If a complaint is found to involve a minor violation of a Commission rule, how would the investigation most likely be concluded

( if complaint if found to involve minor violation of a commission rule, a notice of noncompliance or citation can be issued to handle the matter without forwarding an investigative report to the legal section)

A respondent who does not wish the matter to go to a formal hearing may choose stipulation as an alternative method to settling a charge. What is a stipulation

(A stipulation is a negotiated settlement in which the respondent agrees to a disciplinary action without, in many cases, admitting guilt or denying the allegations in the complaint. A stipulation is very much like a plea bargain.

All of the following statements about witnesses in a formal hearing are accurate, EXCEPT

(If an unlicensed person fails to comply with a subpoena, a court order may be obtained which could result in a fine

All of the following are likely actions that would be taken if a licensee is found to be an immediate and serious danger to the safety or welfare of the public, EXCEPT

(if a licensees is found to be an immediate and serious danger to the safety or welfare of the public, a summary (or emergency) suspension can be ordered, the licensee's license can be immediately suspended, and a full disciplinary hearing would commence.

Under what circumstance would an informal hearing most likely be conducted

(if a respondent does not dispute the facts in the administrative (formal) complaint, the case if brought to the commission for an informal hearing. If the respondent disputes material facts, the case will be scheduled for a formal hearing before an administrative law judge from the DOAH.

What is the composition of the Probable Cause Panel

(the panel consists of two current or past members of the commission, of whom no more than one can be a lay member, the panel has 15 days, to request additional information and has 30 days after a complete report was received to either recommend dismissal or issue a formal complaint.

What is the Election of rights form

is the respondent's answer to an administrative complaint, stating whether he or she disputes the allegations in the complaint.