Probable cause, hearings, and final orders
After the investigation, DBPR sends its report to a probable cause panel. The panel decides whether there is enough reason to charge the licensee formally. Think of it as the step between "someone complained" and "the licensee is being prosecuted."
The probable cause panel
Under 455.225(4), probable cause is decided by majority vote of a probable cause panel of the board (here, FREC), or by the department where appropriate. A panel has at least two members: a current board member, plus a current or former professional board member who holds an active, valid license. A consumer member is included if one is available and willing.
The department may also dismiss a case on its own when the evidence is insufficient, after sending a detailed report to the panel (455.225(2)).
Deadlines
| Step | Deadline (455.225(4)) |
|---|---|
| Panel may request more investigative information | Within 15 days of receiving the investigative report |
| Panel must decide probable cause | Within 30 days of receiving the final investigative report |
| If the panel misses its deadline | The department decides within 10 days after it expires |
The secretary may extend the 15- and 30-day deadlines.
Three outcomes
- No probable cause. The case is dismissed.
- Letter of guidance. Instead of finding probable cause, the panel may issue a letter of guidance.
- Probable cause found. The department files a formal administrative complaint as the panel directs, unless it finds the panel found probable cause improvidently.
When it becomes public
Under 455.225(10), the complaint and all investigative information stay confidential until 10 days after probable cause is found, or until the licensee waives confidentiality, whichever comes first. Panel meetings are likewise closed until 10 days after probable cause is found (455.225(4)). If the case is dismissed before probable cause, the dismissal report stays confidential (455.225(2)). This confidentiality does not cover cases against unlicensed persons under 455.228.
Formal or informal hearing
| Formal hearing | Informal hearing | |
|---|---|---|
| When | Any disputed issue of material fact (455.225(5), 120.57(1)) | No disputed issue of material fact (120.57(2)) |
| Who hears it | Administrative law judge (ALJ) from the Division of Administrative Hearings | The agency or a hearing officer |
| Result | ALJ's recommended order | Agency decision |
If someone raises a disputed fact during an informal hearing, it must be stopped (455.225(5)), so the case can go to a formal hearing.
The final order
Under 455.225(6), FREC, together with the panel members who reviewed the investigation, issues the final order in each disciplinary case. That is final agency action. Under 120.57(1)(l), the agency may reject the ALJ's findings of fact only if they were not based on competent substantial evidence, or if the proceedings did not comply with essential requirements of law. The department also has standing to seek judicial review of the board's final order (455.225(7)).
Emergency suspension
If a licensee poses an immediate serious danger to the public health, safety, or welfare, a license can be suspended or restricted right away under 120.60(6). Under 455.225(8), these summary proceedings are conducted by the Secretary of Business and Professional Regulation or a designee, who issues the final summary order. Regular suspension or revocation proceedings must then be promptly started.