Fla. Admin. Code Ann. R. 34-12.407 - Appeal of Statutory Fines: Hearings, Unusual Circumstances
(1) A lobbying firm wishing to appeal or
dispute a fine imposed in accordance with Section
112.3215 (5)(d)5., F.S., shall
file with the Commission on Ethics a notice of appeal within 30 days of the
date of the notice of payment due is transmitted by the lobbyist registration
office, setting out with specificity the unusual circumstances surrounding the
failure to file on the designated due date. The notice of appeal may be
accompanied by any documentation or evidence supporting the claim.
(2) Failure to timely file a notice of appeal
as described herein shall constitute a waiver of any such entitlement. A final
order of waiver shall be promptly entered by the chairman of the Commission on
Ethics without the necessity of any further action being taken by the
Commission.
(3) A lobbying firm
desiring a hearing before the Commission shall include in the notice of appeal
a separate request for hearing. If no request for hearing is included in the
notice of appeal, the Commission's determination shall be based on the notice
and any supporting information and shall be final agency action. If a separate
request for hearing is included in the notice, notice of hearing shall be
provided and the Commission's determination after hearing shall be final agency
action. Failure to appear in accordance with the notice of hearing shall
constitute a waiver of such entitlement, and the Commission shall dispose of
the case on the written record before it.
(4) "Unusual circumstances" means uncommon,
rare or sudden events over which the actor has no control and which directly
result in the failure to act in accordance with the filing requirements.
Circumstances which allow for time in which to take those steps necessary to
assure compliance with the filing requirements shall be deemed not to
constitute unusual circumstances.
Notes
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.
New 1-1-97, Amended 12-21-00, 6-15-06.
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