(1) Upon timely request for an informal review pursuant to Fl. Admin. Code R. 15A-6.006, the hearing officer shall conduct an examination of any relevant materials submitted by the driver and the officer, including the materials referred to in Fl. Admin. Code R. 15A-6.013

Terms Used In Florida Regulations 15A-6.018

  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    (2) The hearing officer shall determine whether the suspension or disqualification is supported by a preponderance of the evidence. The scope of the review shall be as provided in Section 322.2615(7), 322.2616(8) or 322.64(7), F.S. The informal review shall be conducted without the presence or testimony of the driver, the officer or any witness.
    (3) The hearing officer is authorized to enter a final order. The hearing officer shall file the original order, HSMV Form 78060, with the clerk and transmit a copy to the driver no later than seven working days after completion of the review, unless waived by the driver.
    (4) The date of rendition of a final order shall be the date of mailing entered on the driver license record.
Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615(13), 322.2616, 322.64(13) FS. History-New 10-1-90, Amended 10-17-90, 10-7-91, 1-2-96, 7-3-97, 3-11-07.