Florida Regulations 15A-6.010: Motions
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(1) Written motions may be filed with the appropriate division office as provided in Fl. Admin. Code R. 15A-6.003 Oral motions may be made during a hearing, and rulings on such motions shall be made on the record.
(2) With the exception of oral motions made at a hearing, all motions shall be in writing, shall specifically state the relief sought and provide the factual and legal grounds in support of the motion. Any motion which alleges or relies upon facts which are not a matter of record must be supported by affidavit.
(3) Motions shall be ruled on by a division hearing officer.
(4) All motions and rulings thereon shall be included in the record of the proceeding.
(5) Prehearing motions shall be resolved by the hearing officer without oral argument unless the hearing officer requests argument and gives notice of the motion hearing to the driver or counsel of record.
(6) The division is authorized to amend or correct mistakes brought about by inadvertence or clerical errors in its final orders within 30 days from the date of issuance of the orders or until a petition for writ of certiorari has been filed, whichever has first occurred. A written motion to correct or amend a final order shall be filed within 15 days from the date of issuance of the order. The filing of a motion to correct or amend shall not toll the time for seeking judicial review unless the division amends or corrects its order. An amended or corrected order which has been entered by the division pursuant to this rule shall be the final order for the purposes of judicial review. The motion to correct or amend shall state any errors contained in the final order, such as the identity of the driver, the driver’s license number, the length or nature of the suspension, or any clerical errors or inadvertent mistakes included in the order. The motion shall not re-argue the merits of the final order or seek to change the administrative decision.
(7) Except as provided in subsection (6), no motion may be filed after completion of a formal or informal review.
Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History-New 10-1-90, Amended 1-12-94, 1-2-96.
Terms Used In Florida Regulations 15A-6.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(3) Motions shall be ruled on by a division hearing officer.
(4) All motions and rulings thereon shall be included in the record of the proceeding.
(5) Prehearing motions shall be resolved by the hearing officer without oral argument unless the hearing officer requests argument and gives notice of the motion hearing to the driver or counsel of record.
(6) The division is authorized to amend or correct mistakes brought about by inadvertence or clerical errors in its final orders within 30 days from the date of issuance of the orders or until a petition for writ of certiorari has been filed, whichever has first occurred. A written motion to correct or amend a final order shall be filed within 15 days from the date of issuance of the order. The filing of a motion to correct or amend shall not toll the time for seeking judicial review unless the division amends or corrects its order. An amended or corrected order which has been entered by the division pursuant to this rule shall be the final order for the purposes of judicial review. The motion to correct or amend shall state any errors contained in the final order, such as the identity of the driver, the driver’s license number, the length or nature of the suspension, or any clerical errors or inadvertent mistakes included in the order. The motion shall not re-argue the merits of the final order or seek to change the administrative decision.
(7) Except as provided in subsection (6), no motion may be filed after completion of a formal or informal review.
Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History-New 10-1-90, Amended 1-12-94, 1-2-96.