Who prepares and submits a recommended order in a formal hearing conducted by DOAH?

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In formal hearings conducted by the Division of Administrative Hearings (DOAH), an administrative law judge plays a pivotal role. This judge is responsible for overseeing the proceedings, ensuring that the rules of procedure are followed, and making determinations on the evidence presented. One of their key functions is to prepare and submit a recommended order based on the findings from the hearing. This recommended order contains the judge's conclusions and suggestions for how the case should be resolved.

The involvement of the administrative law judge ensures that the process is handled by a neutral party who specializes in administrative law and is well-versed in the legal standards and procedures applicable to the case. Their recommendations then guide the final decision-making body, which in many instances may be a board or commission, such as the Florida Real Estate Commission (FREC) in real estate matters.

The other options do not fulfill this specific role. A district court judge typically handles cases within the general judicial system rather than administrative hearings. The licensee’s attorney may prepare arguments and present evidence on behalf of their client but does not prepare or submit a recommended order. Similarly, while FREC board members are involved in regulatory matters, they do not prepare orders during the DOAH procedures; their input would typically come after the administrative

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