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Five Tips for Appearing Before Florida’s Regulatory Boards

Jimerson Birr

Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida.  The DBPR is under the control of the executive branch of government and governed by the Administrative Procedure Act, found in Chapter 120 of The Florida Statutes.  The DBPR breaks down its regulation into businesses and professions.  It regulates seven (7) businesses including, but not limited to, Condominiums and Cooperatives, Hotels and Restaurants, Pari-Mutuel Wagering and Timeshares.  The DBPR’s regulation of professions is more expansive dealing with licensing, testing, education and discipline of thirty (30) professions including, but not limited to, Architecture and Interior Design, Certified Public Accounting, Construction Industry, Electrical Contractors, Engineers, Building Codes and Standards, Mold-Related services, Real Estate and Veterinary Medicine.

There are sixteen administrative boards under the DBPR which break down as follows:

A.  Division of Professions:

B.   Division of Certified Public Accounting

C.   Division of Real Estate

A potential licensee and or current license holder may have to come before anyone of the above boards for a number of reasons including, but certainly not limited to, an appeal of a board ruling, an application for name change, an application for licensure, a disciplinary hearing or an informal hearing following the completion of an Election of Rights Form.  While I could spend countless pages detailing the administrative process from notification of a complaint through an administrative complaint, hearings, stipulations and so on, this blog is written to provide you with general tips for appearing in front of an administrative board.  When you are appearing in front of an administrative board for any reason, understand the power that board has over your ability to earn a livelihood in your chosen profession.  If things go badly, you may have your license temporarily suspended or permanently revoked.  While it is almost always beneficial to obtain the services of a competent and experienced attorney to aid you in preparing for and representing you at any hearing in front of an administrative board, and frankly, such representation should be procured immediately upon notice of any violation or investigation to allow proper response to established prehearing procedures, the following are five (5) tips for individuals appearing at a board hearing, regardless if they are represented by counsel or not:

  1. Familiarize yourself with the procedures of the board in front of which you will be appearing.  This can be accomplished by viewing the board during a hearing prior to yours.  Each board’s scheduled meetings including dates, times and places is provided months in advance and can be found on the DBPR website at   http://www.myfloridalicense.com/dbpr/pro/documents/board_meeting_calendar.pdf  By viewing the board at a hearing prior to your own, you can develop an understanding of the style, timing and procedures followed by the board and will be better able to adhere to same at your own hearing.
  2. Know the reason you are appearing, i.e., informal hearing to approve a settlement stipulation, or appeal of denial of licensure, and outline the issues that will be addressed at the hearing.  By preparing an outline of the incident to be addressed or the identified factors leading to a licensure denial, you will be able to narrow the scope of your preparation to the issues at hand.  Be mindful that your hearing is not the only hearing scheduled before that particular board during that session and any time you can streamline the process for the board by providing direct, intelligent and succinct answers, you increase your chances of prevailing.
  3. As what can be seen as a continuation of number two, in the words of the Boy Scouts of America, “BE PREPARED.”  Be prepared to provide direct and accurate responses to questions about the reason you are at the hearing.  If there are issues with your financial background or with an alleged violation, be prepared to fully explain the issue with specific dates and events as well as documentary evidence if available.  Do not attempt to “wing it” and provide hackneyed responses to the boards questions.  They have heard every excuse you can imagine and many that you cannot.  If you have taken steps to address a perceived deficiency, prepared to discuss those steps in detail and provide the reason for taking the steps.  You cannot over prepare for an appearance in front of an administrative board.
  4. Do not become angry during the hearing.  While this may be hard in the face of various intrusive questioning, it is important to remain calm and continue to provide the outlined response you prepared to give.  Even if you disagree with a board members contention or statement, be respectful in your response and do not raise your voice.  Remember, in almost every instance, you need the board more than they need you and you need to show that you are professional and well-mannered in dealing with both other professionals (i.e., the board members) as well as with the public in general (who the board and the DBPR is charged with protecting).
  5. Finally, dress professionally.  Remember this is a hearing in which other professionals are taking time from their everyday duties and jobs to assist the state in protecting the general public.  The board members rightfully take their duties seriously and it is in your best interest to show that you respect their time and efforts.  Along with being prepared and respectful in answering, by dressing appropriately, you convey, before you even speak that you are taking the hearing seriously and that you recognize the serious nature of the business at hand.  Men should wear a suit and tie, or at a minimum dress slacks, a long-sleeved colored shirt and a tie.  Women should dress in business attire as well.  It is important that while the board members are professionals and are to weight each situation on its merits, they are all human beings and many times people begin to make assumptions about individuals based on those individuals appearance.  It is better to be overdressed for the occasion than regret your casual attire after the fact.

By following the above tips, you will be ahead of those who are unprepared and appear to be less than fully invested in the process.  This will allow you to distinguish yourself from others appearing at hearings and will show that you are a trustworthy individual who should be allowed to serve the general public in your chosen field.

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