Florida Regulations 15A-3.004: Conduct of Hearing
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(1) The scope of the hearing shall be limited to a determination of whether or not the applicant or the applicant’s motor vehicle was involved in the accident, whether or not there is a probability of a civil judgment being rendered against the applicant for damages as a result of the accident, or whether or not the applicant is otherwise exempt from the provisions of Florida Statutes Chapter 324
(2) The hearing shall be held at the office of the Department handling the affairs of the Department for the county in which the applicant resides, or at a location reasonably adjacent thereto.
(3) All hearings shall be open to the public.
(4) The Department shall allow any party to the hearing to appear in person and with counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present supporting evidence, and to have subpoenas issued by the Department to compel the attendance of witnesses and the production of evidence. Subpoenas duly executed over the seal and signature of the head of the department, or authorized agent, shall be tendered any applicant or the applicant’s counsel upon request therefor fifteen (15) days prior to the hearing, and it shall thereafter be the duty of the applicant or the applicant’s counsel to complete the subpoena and provide for its service upon the witness designated in the manner required by law. The applicant shall bear any expense of witnesses summoned at the request of the applicant.
(5) The rules of evidence applicable to administrative hearings shall be observed, and any party may invoke the rule relating to the exclusion of witnesses.
(6) The Department shall by stenographic or mechanical means accurately record the testimony and the proceedings. A transcript shall be made and furnished the applicant, upon request, at such charge therefor to be paid in advance per Florida Statutes § 322.20
Rulemaking Authority 324.042 FS. Law Implemented 324.051(2)(a), 322.20 FS. History-New 5-23-78, Formerly 15A-3.04, Amended 3-25-93.
Terms Used In Florida Regulations 15A-3.004
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(3) All hearings shall be open to the public.
(4) The Department shall allow any party to the hearing to appear in person and with counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present supporting evidence, and to have subpoenas issued by the Department to compel the attendance of witnesses and the production of evidence. Subpoenas duly executed over the seal and signature of the head of the department, or authorized agent, shall be tendered any applicant or the applicant’s counsel upon request therefor fifteen (15) days prior to the hearing, and it shall thereafter be the duty of the applicant or the applicant’s counsel to complete the subpoena and provide for its service upon the witness designated in the manner required by law. The applicant shall bear any expense of witnesses summoned at the request of the applicant.
(5) The rules of evidence applicable to administrative hearings shall be observed, and any party may invoke the rule relating to the exclusion of witnesses.
(6) The Department shall by stenographic or mechanical means accurately record the testimony and the proceedings. A transcript shall be made and furnished the applicant, upon request, at such charge therefor to be paid in advance per Florida Statutes § 322.20
Rulemaking Authority 324.042 FS. Law Implemented 324.051(2)(a), 322.20 FS. History-New 5-23-78, Formerly 15A-3.04, Amended 3-25-93.