Department of Regulatory and Economic Resources

Business Affairs Division

OFFICE OF CONSUMER PROTECTION
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601 NW 1 Court, 18 Floor
Miami, Florida 33136
Tel (786) 469-2333 Fax (786) 469-2303
Email: consumer@miamidade.gov

What Is A Pre-Hearing Statement?

The Pre-Hearing Statement is a simple form which will help you prepare for hearing. It will help you
organize your argument and evidence so you may present them to the Hearing Officer in a clear
and concise manner

The Pre-Hearing Statement is a simple document that briefly sets forth your argument and evidence in
a wage theft action:

 Why a Complainant believes he or she is due wages pursuant to the provisions of the Wage Theft
Ordinance; or
 Why a Respondent(s) believes he/she/it does not owe the Complainant any wages or owes wages in
an amount less than alleged by the Complainant pursuant to the Wage Theft Ordinance.

Our Office will email you a form for your Pre-Hearing Statement in Word format (or mail you if you do
not have access to email). This is a form we have created to make it easier for you to prepare for your
hearing and to comply with the Hearing Officer’s Order. The form is in Word format so that you may use it
or revise it as you wish. You may also choose not to use the form at all and draft your own pre-hearing
statement.

For example, your opening summary may be longer or shorter than the space provided on page 1 of
the form. You are free to use as much or as little space as you need to summarize your argument – e.g.
the law and facts. Similarly, all of the items listed on page 2 may or may not apply to your specific case.
Simply skip those you wish to skip or delete them if you prefer.

At hearing, the Complainant in a wage theft action has the burden of proving his/her case by a
preponderance of the evidence. If the Complainant meets that burden, then the burden shifts to the
Respondent(s) to rebut the Complainant’s argument.

Therefore, if while completing your Pre-Hearing Statement you determine that you do not have any
witnesses or evidence to present at hearing, please contact our Office at the number above to obtain
information about discovery – the process by which a party may seek to obtain evidence from the opposing
party (answers to questions, copies of documents, etc.) in a wage theft action.