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Gurry v. Dep't of Highway Safety5/27/2005
ays between her first and second hearing, for preparation. Based on this record, Gurry failed to show error or prejudice.
We also agree with the circuit court that Gurry's final argument that the hearing officer had to be a lawyer is without merit. There is no statutory or constitutional requirement, that we are aware of, that requires hearing officers for the Department be attorneys. Section 322.2615(6)(b), Florida Statutes, provides: "Such formal review hearing shall be held before a hearing officer employed by the department, and the hearing officer shall be authorized to administer oaths.." While training in the law may be a prudent requirement for hearing officers, the statute only requires that hearing officers remain impartial and base their decisions on the preponderance of the evidence. See generally, Department of Highway Safety and Motor Vehicles v. Pitts, 815 So. 2d 738 (Fla. 1st DCA 2002). The determination of what kinds of training or degrees the Department's hearing officers must have is a matter best left to the Department's discretion, or the mandate of the Legislature.
Petition for Writ of Certiorari DENIED.
THOMPSON and MONACO, JJ., concur.
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