Florida Regulations 15A-6.015: Failure to Appear
Current as of: 2024 | Check for updates
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(1) If the driver fails to appear at a scheduled hearing, the formal review shall be waived. The division shall inform the driver of his failure to appear by HSMV Form 78064, and shall include a final order.
(2) The driver, or a properly subpoenaed witness who fails to appear at a scheduled hearing may submit to the hearing officer a written statement showing just cause for such failure to appear within two (2) days of the hearing.
(a) For the purpose of this rule, just cause shall mean extraordinary circumstances beyond the control of the driver, the driver’s attorney, or the witness which prevent that person from attending the hearing.
(b) If just cause is shown, the hearing shall be continued and notice given.
(c) No hearing shall be continued for a second failure to appear.
(d) Notification to the department of a witness’s non-appearance with just cause prior to the start of a scheduled formal review shall not be deemed a failure to appear.
(3) This rule shall not apply to the nonappearance of a driver who is represented at a formal review by an attorney.
Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History-New 10-1-90, Amended 10-7-91, 2-21-93, 1-12-94, 1-2-96, 7-3-97, 3-11-07.
(2) The driver, or a properly subpoenaed witness who fails to appear at a scheduled hearing may submit to the hearing officer a written statement showing just cause for such failure to appear within two (2) days of the hearing.
(a) For the purpose of this rule, just cause shall mean extraordinary circumstances beyond the control of the driver, the driver’s attorney, or the witness which prevent that person from attending the hearing.
(b) If just cause is shown, the hearing shall be continued and notice given.
(c) No hearing shall be continued for a second failure to appear.
(d) Notification to the department of a witness’s non-appearance with just cause prior to the start of a scheduled formal review shall not be deemed a failure to appear.
(3) This rule shall not apply to the nonappearance of a driver who is represented at a formal review by an attorney.
Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History-New 10-1-90, Amended 10-7-91, 2-21-93, 1-12-94, 1-2-96, 7-3-97, 3-11-07.