AUTOWORLD OF AMERICA CORP., APPELLANT,
v.
DEPARTMENT OF HIGHWAY SAFETY, ETC., APPELLEE
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Autoworld appeals the revocation of its motor vehicle dealer license following an informal administrative hearing. The court affirms the revocation, holding that Autoworld waived its right to challenge factual findings by choosing an informal hearing rather than a formal hearing under Florida's Administrative Procedure Act.
Choosing an informal hearing under § 120.57(2) is analogous to pleading guilty to the facts alleged in the administrative complaint, leaving only legal conclusions to be drawn. Autoworld waived its right to challenge factual findings by not requesting a formal hearing under § 120.57(1). Any hearsay objection is misplaced in an informal hearing context. Even assuming the competent substantial evidence issue were properly before the court, the record supports the agency's findings and conclusions.
[1] Choosing an informal hearing under § 120.57(2) in a professional license disciplinary proceeding is akin to admitting the facts alleged in the administrative complaint, l…
[2] An informal hearing is a meeting, not an adjudicatory hearing designed to resolve disputed issues of material fact.
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Join FLexlaw to unlock all legal intelligence“Choosing § 120.57(2) hearings in professional license disciplinary proceedings is similar to pleading guilty to the facts alleged in the administrative complaint, because they are not disputed.”
Establishes that selecting an informal hearing constitutes acceptance of the factual allegations and precludes later challenge to those facts on appeal.
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Join FLexlaw to unlock all legal intelligenceAutoworld of America Corporation held an independent motor vehicle dealer license. The Department of Highway Safety initiated disciplinary proceedings…
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PER CURIAM.
Autoworld of America Corporation appeals a final order revoking its independent motor vehicle dealer license, after an informal hearing. On appeal, Autoworld argues that the findings of fact contained in the final order are not supported by competent substantial evidence.
Autoworld misapprehends the applicable principles under the Florida Administrative Procedure Act:
Choosing § 120.57(2) hearings in professional license disciplinary proceedings is similar to pleading guilty to the facts alleged in the administrative complaint, because they are not disputed. See F.S. § 120.569(1). This leaves only conclusions of law to be drawn as to whether the admitted facts constitute a violation of the statutes as charged and penalties to be imposed.
The Florida Bar, Florida Administrative Practice § 6.26, at 6-30 (5th ed.1997) (emphasis added). As stated during the proceeding below, the informal hearing is in essence a meeting, not an adjudicatory hearing to decide disputed issues of material fact.
On appeal, Autoworld now contends that one or more findings are not supported by competent substantial evidence because they were based on hearsay. In order to challenge the factual basis of the complaint, it would have been necessary for Autoworld to request a formal hearing under subsection 120.57(1), Florida Statutes, rather than an informal hearing under subsection 120.57(2). The logic of the situation is that when a formal hearing is requested, both parties will subpoena or produce the witnesses necessary for the proof of the ease. In an informal hearing, there is no reason to bring witnesses, and Autoworld’s hearsay objection is misplaced.
Alternatively, assuming arguendo that issue of competent substantial evidence were properly before us, there is still no basis for reversal. See Cohen v. Department of Business Regulation, Division of Parimutuel Wagering, 584 So. 2d 1083, 1085 (Fla. 1st DCA 1991) (in informal hearing, need objection to preserve hearsay issue for appeal) *; Griffith v. Department of Business Regulation, Division of Pari-Mutuel Wagering, 613 So. 2d 930, 932 (Fla. 3d DCA 1993) (“It is axiomatic that where substantial competent evidence supports the findings and conclusions of the administrative agency and the record discloses neither an abuse of discretion nor a violation of law by the agency, this court should not overturn the agency’s determination.”), (formal hearing).
Affirmed.
*
The analysis set forth in the first part of this opinion was not considered in Cohen.
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Nicks v. Dep't of Bus. & Prof'l, 957 So. 2d 65 (Fla. 5th DCA 2007)…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. See Fla. Admin. Code R. 28-106.111(2) & (4); § 120.569(2)(c); Autoworld of America Corp. v. Dep’t of Highway Safety, 754 So. 2d 76, 77 (Fla. 3d DCA 2000) (recognizing that when the facts alleged in the administrative complaint are not disputed "[t]his leaves only conclusions of law to be drawn as to whether the admitted facts constitute a violation of the statutes as charged an…
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Trisha's ONE Stop, Inc. v. Off. OF Fin. Reg., 130 So. 3d 285 (Fla. 1st DCA 2014)…t’s Motion for Waiver of Rights filed after Dr. Aleong failed to make a timely request for a hearing to dispute the Department’s allegations, relying on Florida Administrative Code Rule 28-106.111); Autoworld of Am. Corp. v. Dep’t of Highway Safety, 754 So. 2d 76, 77 (Fla. 3d DCA 2000) (“In order to challenge the factual basis of the complaint, it would have been necessary for Autoworld to request a formal hearing under subsection 120.57(1).”). Trisha’s One Stop’s failure to request a hearing was a “green li…
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Hoyos v. Fla. Eng'rs Mgmt. Corp., 874 So. 2d 609 (Fla. 3d DCA 2004)…PER CURIAM. Affirmed. See Stueber v. Gallagher, 812 So. 2d 454 (Fla. 5th DCA 2002); see also Autoworld of America Corp. v. Department of Highway Safety, 754 So. 2d 76, 77 (Fla. 3d DCA 2000)(“Choosing § 120.57(2) hearings in professional license disciplinary proceedings is similar to pleading guilty to the facts alleged in the administrative complaint, because they are not disputed.”).…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Deranty J. Cohen v. Dep't of Bus. Reg., 584 So. 2d 1083 (Fla. 1st DCA 1991)
- Griffith v. Dep't of Bus. Reg., 613 So. 2d 930 (Fla. 3d DCA 1993)