FAC Rule 14A-1.004 – CMV Review Board
Florida Regulations under Title 14 pertaining to the Department of Transportation provide for the rules of the Commercial Motor Vehicle Review Board in Subtitle 14a. The rule was last amended on June 22, 2016. The Chapter 14A–1 rules for the Commercial Motor Vehicle Review Board provide:
14A-1.004 Meetings of the Commercial Motor Vehicle Review Board.
(1) Commercial Motor Vehicle Review Board (Review Board) meetings shall be scheduled as often as necessary, based upon a sufficient number of requests for review to justify the expense of holding a meeting, but in no case shall there be less than six meetings a year. The schedule of meetings and locations is available on-line at www.dot.state.fl.us/trafficoperations/Traf_Incident/CMVRB/CMVRB.shtm.
(a) The Review Board will consider testimony or other evidence supporting the modification, cancellation, or revocation of penalties imposed pursuant to Sections 316.516, 316.545, 316.550 or 316.3025, F.S. Only penalties that have been paid will be considered by the Review Board. Penalties imposed as a result of a compliance review may be considered by the Review Board prior to payment in accordance with Rule 15B-15.002, F.A.C.
(b) The location and agenda of each meeting will be determined by the Chair of the Review Board. Any person may request that the review of his or her case be held at a specific location where the Review Board is scheduled to meet or at the next available meeting. Requests for a specific location must be made in writing and be received by the Review Board no less than 14 days prior to the scheduled meeting.
(c) Notwithstanding paragraph (b) above, cases involving requests for Review Board consideration of unpaid penalties will be heard at the next meeting, regardless of location.
(2) Agendas. The Chair of the Review Board will be responsible for the preparation and distribution of agenda items to be considered at the meeting, including the time and place of such meeting, to Review Board members at least 14 days prior to the meeting.
(3) Timely Written Request for Hearing. Any person who wishes to have a penalty that was imposed pursuant to Sections 316.3025, 316.516, 316.545 or 316.550, F.S., considered by the Review Board shall file a written request for hearing. The request must include a copy of the citation, a letter explaining the grounds for the protest, proof of payment of fines in accordance with above paragraph (1)(a), and any supporting documentation. Requests for a hearing should be e-mailed to: CMVRB@dot.state.fl.us, faxed to: (850)412-8029, or mailed to: CMVRB, 605 Suwannee Street, MS #90, Tallahassee, Florida 32399. The request must be received by the Review Board no later than 60 days from the date on the Citation.
(4) Appearances. Any person with a penalty imposed for a violation of Sections 316.3025, 316.516, 316.545 or 316.550, F.S., that has complied with all applicable requirements of this rule may appear in person, through an authorized representative, or through legal counsel. Upon written request received at least fourteen days prior to the hearing, any person may appear by videoconference at any of the Department’s seven district offices located in: Chipley, Lake City, Deland, Tampa, Bartow, Ft. Lauderdale, and Miami.
(a) Any person requesting a hearing, who will not be present (either in person or through videoconference) or represented, shall submit evidence or arguments no less than 14 days prior to the scheduled hearing.
(b) The Review Board will sustain all penalties imposed when no testimony, written evidence, other evidence, or arguments are presented to the Review Board.
(5) Records. Meetings of the Review Board will be recorded and preserved for a minimum of two years after approval of the meeting minutes.
(6) Continuances. Requests to continue a matter scheduled for hearing shall be in writing and must be received by the Review Board at least seven days prior to the scheduled meeting. Continuances will be based upon good cause being shown. If during a scheduled meeting, the Review Board requires additional information to decide a matter, the Review Board will continue the matter to the next scheduled meeting to allow for presentation of additional information.
(7) Decisions. The Review Board will render its decision and notify the person requesting the hearing within 30 days after the hearing. The Review Board’s decision will be in writing and will be final.
Rulemaking Authority 334.044(2) FS. Law Implemented 316.3025, 316.516, 316.545, 316.550 FS. History–New 4-26-89, Amended 8-5-96, 12-23-03, 2-24-13, 6-22-16.
