Things You'll Need:
- the complaint
- documents supporting your defense
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Step 1
No explanation is required with a Notice of Defense. Any statement that you provide to the agency or its attorney may be used against you. Therefore, you should not provide any additional information to the agency until you consult with counsel. You should consult with an attorney as soon as possible.
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Step 2
You or your attorney should complete the Notice of Defense form and mail it to the agency by Certified Mail -- Return Receipt Requested within 15 days of the mailing date of the Accusation or Statement of Issues.
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Step 3
Retain a copy of the Notice of Defense and follow-up to make sure your Notice of Defense is received by the agency. If you don't request a hearing in a timely matter, then you may lose your license.
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Step 4
When an agency receives information that a licensed professional may have violated provisions of law governing the profession, it may commence an investigation and possible disciplinary proceedings, as provided by sections 455.225, F.S., or 456.073, F.S. These sections contain procedural requirements for investigation, licensee notifications and responses, probable cause determinations or dismissals, administrative complaints, and disciplinary action. An administrative complaint must contain facts about the violation, the laws or rules violated, and inform the licensee of the right to hearing, how to obtain a hearing, and the time limit for requesting one. If the licensee does not respond within the time limit, the agency may conclude that the licensee has waived the right to be heard and proceed without licensee input. Sections 120.569 and 120.57, F.S., contain the procedural requirements for administrative hearings.
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Step 5
The provisions controlling agency action in licensing, disciplinary action, and emergency suspensions or restrictions, including time limits, notice requirements, and the criteria that must be met for emergency licensure actions are codified in Florida Statutes Section 120.60 of the Administrative Procedures Act. Chapter 455, F.S., governs professions regulated by the Department of Business and Professional Regulation; Chapter 456, F.S., applies to the professions regulated by the Department of Health.
Comments
LynnG3 said
on 7/9/2009 Sounds enlightening. But, if the professional is found guilty of criminally negligent homicide, for instance, I'm sure their lawyer's advice will be: "Either pay those injured people, or you will be in the Pye Wagon soon."