Section 62-602.570 - Formal Administrative Hearing Petition and Pre-Hearing Review RequestUnder Sections 120.569 and 120.57, F.S., and Rules 62-110.106, 28-106.201 and 28-106.301, F.A.C., a candidate who has taken and failed an examination may petition for an administrative hearing under the following terms and conditions:
(1) All petitions for administrative hearings shall be filed no later than twenty-one (21) days after the applicant receives the Department's grade notification letter. No petition received more than 21 days from the date of receipt of the grade notification letter will be accepted. The petition shall conform to Rule 28-106.201, F.A.C., when material facts are in dispute, or Rule 28-106.301, F.A.C., when no material facts are in dispute.(2) After the petition has been filed, for the purpose of preparing for the administrative hearing, the candidate and the candidate's attorney will be permitted to review examination questions, answers, papers, grades, and grade keys for the questions the candidate answered incorrectly. The request for such review will be submitted to the Department in writing.(3) If, while preparing for a hearing, the Department discovers that credit should be awarded for one or more examination questions listed in the candidate's petition for a hearing, the Department shall issue an amended grade notification letter reflecting the candidate's amended score.Fla. Admin. Code Ann. R. 62-602.570
Rulemaking Authority 403.869 FS. Law Implemented 403.872 FS.
New 12-30-99, Amended 10-15-07.New 12-30-99, Amended 10-15-07.