RICARDO A. CABRERA
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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Failure to file a written request for a hearing within 21 days of receiving written notice of an agency decision constitutes a waiver of the right to a hearing, and the facts alleged in the administrative complaint are deemed admitted.
“Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.”
Fla. Admin. Code 28-106.111(4)
Cabrera received written notice of an agency decision from the Department of Business and Professional Regulation and failed to file a written request…
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PER CURIAM.
Affirmed. See Fla. Admin. Code 28-106.111(4) (“Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.”); Nicks v. Dep't of Bus. & Pro., etc., 957 So. 2d 65, 66 n.1 (Fla. 5th DCA 2007) (“When a party waives the right to challenge the factual allegations of an administrative complaint, either by requesting an informal hearing pursuant to section 120.57(2), Florida Statutes, or by failing to respond to the complaint at all, the facts of the complaint are deemed to be admitted. "); § 489.129(1)(d), Fla. Stat. (2025); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Nicks v. Dep't of Bus. & Prof'l, 957 So. 2d 65 (Fla. 5th DCA 2007)