How do I know if a fact is material?

A material fact is one that could affect the outcome, including whether a violation occurred or the level of discipline.

Can I switch from informal to formal later?

Procedures can be complex and deadlines matter. Seeking counsel early can help avoid locking into a disadvantageous path.

Will I get to cross-examine witnesses in an informal hearing?

Informal hearings generally have different procedures than formal evidentiary hearings.

Is a formal hearing always better?

Not always. It depends on whether you need to dispute facts and on the strength of your evidence.

What if I partially dispute facts?

Cases involving mixed issues can be complicated, and the best procedural posture depends on the specific facts and allegations.

Do settlements happen more often than hearings?

Many administrative cases resolve without a full hearing, but that varies depending on the allegation and procedural posture.

Does choosing a hearing affect my ability to work?

Usually, the ability to work depends on licensure status and any restrictions that may apply while the matter is pending.

What should I prepare regardless of hearing type?

Helpful preparation often includes a clear timeline, labeled exhibits, a professional tone, and mitigation documentation such as training records, policies, and corrective steps.

When a DBPR complaint is filed the case moves through an investigation process before reaching the hearing stage with significant legal consequences to your Florida contractor license.

This is where:

Evidence is evaluated
Violations are argued
And your contractor license is directly at risk

“At the hearing stage, how you present your documentation, explanations, and timeline can directly influence how your case is evaluated. Zeyna Kafrouni,Former DBPR Construction Prosecutor Perspective.
In some cases, a DBPR complaint may be resolved early, and contractors may be able to continue to work with investigation pending, depending on the facts and how the matter is handled before the hearing.

Hearing Stage
(You are here)

Formal & Informal DBPR Hearings for Florida Contractors

Understanding your options, strategy, and risk exposure at the hearing stage

Probable Cause

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Informal Hearings

(Facts Not Disputed)

An informal hearing is conducted before the Construction Industry Licensing Board when the contractor does not dispute the material facts and may present mitigation.

Strategic Reality

The Board is not just listening — it is evaluating credibility, responsibility, and risk
Documentation is not just submitted — it is interpreted in context
Early concessions can limit flexibility later in the case
This is where penalties are shaped, reduced, or expanded

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Formal Hearings

(Facts Disputed)

A formal hearing is held before an Administrative Law Judge at DOAH when material facts are disputed and legal arguments are presented.

Strategic Reality

It functions like a controlled litigation process
The Administrative Law Judge is focused on evidence, credibility, and legal sufficiency
Weak documentation or inconsistent testimony can undermine otherwise viable defenses
Strategic positioning here can influence settlement leverage and final outcomes

Administrative Complaint

Legal Review

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DBPR Investigation Phase

Legal Review

Probable Cause Panel

Administrative Complaint

Hearing State (You are Here)

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Facing a DBPR Hearing

If your case has reached the hearing stage, the decisions made now can directly affect your contractor license.

Zeyna Kafrouni is a former DBPR prosecutor in the construction unit, with 6 years of experience handling these cases. That perspective now guides how your defense is evaluated and presented.

Request a Confidential Consultation →

Confidential . Florida Statewide

Frequently Asked Questions

The decision depends on whether the material facts are disputed, the available defenses, and how the case is positioned.
In many cases, this choice can influence how the case develops and what options remain available later.
In some circumstances, yes — but timing and procedural posture are important.
As a case progresses, the ability to change paths may become more limited.
After the hearing, the Board may issue a Final Order or review a Recommended Order issued by the Administrative Law Judge.
Outcomes can include dismissal, fines, probation, or other disciplinary action affecting the contractor’s license.
Contractors are often given the opportunity to present information, but statements made during the process can become part of the record.
A structured and well-prepared approach is often important depending on the circumstances.
In some cases, a matter may be resolved before a hearing through settlement discussions or other procedural steps.
How the case is handled early can influence whether it proceeds to a hearing.

Other Resources Available for Contractors

Related DBPR Resources

IMPORTANT LEGAL NOTICE: This publication is for general informational purposes only. It is not legal advice and does not create an attorney–client relationship. Regulatory matters are governed by Chapters 455, 489, and 120, Florida Statutes, the Florida Administrative Code, and related Construction Industry Licensing Board rules. Outcomes depend on specific facts, procedural posture, and applicable law.