Division of Administrative Hearings, Florida
Filed: Sep. 08, 2010
The sole threshold issue in this bifurcated proceeding is whether Petitioner has met her burden of proving grounds for equitable tolling as a defense to the admitted untimely filing of Petitioner's request for an administrative hearing. Consideration of the merits of Petitioner's challenge to the initial agency action was deferred, pending the threshold determination of whether the challenge can be heard.Petitioner did not meet her burden of proving that claimed "diminished mental capacity" constituted an extraordinary circumstance preventing timely filing of the request for administrative hearing.
