Ricardo A. Cabrera v. Department of Business and Professional Regulation

Summary

The Florida Third District Court of Appeal affirmed a Department of Business and Professional Regulation decision against Ricardo A. Cabrera. The court held that failure to timely request an administrative hearing waived the right to challenge the factual allegations, which were therefore deemed admitted.

Holdings

1. A person who receives written notice of an agency decision and fails to file a written request for a hearing within 21 days waives the right to request a hearing on the matter.
2. When a party waives the right to challenge the factual allegations of an administrative complaint, the allegations are deemed admitted.

Questions Presented

1. Whether the Department of Business and Professional Regulation's decision should be affirmed when the appellant failed to timely request an administrative hearing and thereby waived the right to contest the agency allegations.

Disposition

affirmed