ITEM 15D | STARTING THE ADMINISTRATIVE APPEAL: WHAT TO FILE, WHERE, AND WHEN
If either the notice of appeal filed in the agency or the copy filed in the appellate court is timely filed within 30 days of the final order, the appeal will generally be allowed to go forward. But it is bettor to make sure both are timely. If both are late, the appeal will be dismissed. “Filed” means actually received by the agency clerk or appellate court, not just sent in the mail. Because a late appeal will be barred, it is always better to file an appeal early, well before the 30 days are up.
Final orders of an administrative law judge. To appeal a final order of an administrative law judge, the appellant must file the notice of appeal with the clerk of the Division of Administrative Hearings (not the agency). The notice of appeal must be filed within 30 days of the administrative law judge’s final order. To be “filed” within 30 days means the notice of appeal must be actually received by the clerk of the Division of Administrative Hearings within 30 days (not just sent in the mail). So it is always better to file the notice of appeal well before that 30th day.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
