Election of Administrative Hearing Rights
Under Florida law, if you failed your licensure examination by less than
ten (10) percent of the grade required for passing, you can contest the
examination. To do this, you must request a hearing by choosing one of
the options set forth below and filing your petition with the Agency
Clerk. The petition must be filed within twenty-one (21) days from the
date the Department has posted examination grades, or if you plan to
review, or have reviewed your examination, within twenty-one (21) days
of the date of your review of the examination.
Your petition must be received by the Agency Clerk within the
above-stated twenty one (21) day period at the following address:
AGENCY CLERK
Florida Department of Health
Office of the General Counsel
4052 Bald Cypress Way, BIN A02
Tallahassee, Florida 32399-1703
Administrative Hearing Option A - If you are not disputing the
examination’s grading, scoring, validity as a testing tool, or
methodology, you may request a Hearing Not Involving Disputed Issues of
Material Fact. This hearing will be before the Board that regulates your
specific profession, or the Department of Health if there is no Board
for that profession. Although the Board’s greatest authority is limited
to ordering a free re-take of the examination, or a section of the
examination, you will be given an opportunity to appear at a scheduled
Board hearing and present your case to the Board. Your petition must be
in substantial compliance with Rule 28-106.301, Florida Administrative
Code. If you elect this option, you will not be able to dispute anything
relating to the exam itself, and the Department will not re-grade your
exam. You will only be allowed to explain how mitigating factors such as
external conditions, loud noises, or temperature affected your ability
to take the exam.
or
Administrative Hearing Option B - If you dispute anything related to the
examination’s grading, scoring, validity as a testing tool, or
methodology, you may request a Hearing Involving Disputed Issues of
Material Fact. This hearing will be before an Administrative Law Judge. Your petition will be forwarded to the Division of Administrative
Hearings and your petition must state all disputed facts pertaining to
the exam questions and/or procedures, and be in substantial compliance
with Rule 28-106.201, Florida Administrative Code.
Please be advised that the administrative hearing process is lengthy and
it may take 6 to 12 months, or longer, before a final decision is made.
The Department will be represented by an attorney and may offer the
testimony of one or more expert witnesses. You are hereby notified,
pursuant to Section 120.573, Florida Statutes, that mediation is not
available to resolve these issues.
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