Notice of Change/Withdrawal

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance
RULE NO: RULE TITLE
64B-1.009: Requesting a Pre-hearing Review
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 4, January 25, 2008 issue of the Florida Administrative Weekly.

The changes are in response to comments from staff of the Joint Administrative Procedures Committee.

 The changes are as follows:

After the candidate’s petition for a hearing, pursuant to Section 120.57, Florida Statutes, and Rule 28-106.201, Florida Administrative Code, has been filed, either the candidate, and the candidate’s attorney or both shall be permitted a one (1) pre-hearing review pursuant to Rule 28-106.209, Florida Administrative Code of the disputed examination questions and answers at the department’s headquarters in Tallahassee for the purpose of to preparing for the administrative hearing under the following conditions:

     (1) No change.

     (2) The candidate shall submit a written request for such review shall be submitted to the department’s attorney at least fourteen (14) days prior to the hearing date.

     (3) through (5) No change.

Specific Authority 456.004(5), 456.014, 456.017(2) FS. Law Implemented 456.014, 456.017 FS. History–New 9-7-98, Amended 2-21-00, 7-20-03.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jennifer Wenhold

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Wenhold

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 14, 2007