(1) A
commission member shall not initiate nor consider any ex parte communication
relative to the merits of a pending complaint proceeding by:
(a) A public employee or official engaged in
prosecution or advocacy in connection with the matter;
(b) A party to the proceeding or any person
who, directly or indirectly, would have a substantial interest in the proposed
action of the Commission, or his or her authorized representative or counsel;
or
(c) A complainant or any other
individual who has personal knowledge of the facts underlying the proceeding,
or his or her authorized representative or counsel.
Nothing in this subsection shall apply to advisory staff
members who do not testify on behalf of the Commission in the proceeding or
shall prohibit Commission members who are contacted by any of the above persons
from referring them to Commission staff or the Commission
Advocate.
(2) A
commission member who receives such an ex parte communication shall place on
the record of the matter all written communications received, all written
responses to such communications, and a memorandum stating the substance of all
oral communications received and all oral responses made, and shall also advise
all parties that such matters have been placed on the record. Any party,
including the Advocate, desiring to rebut the ex parte communication shall be
allowed to do so, if a request for the opportunity for rebuttal is made within
10 days after notice of the communication.
Notes
Fla. Admin. Code Ann. R. 34-5.0171
Rulemaking Authority
112.322 (9) FS.
Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
112.322,
112.324 FS.
New 11-26-80, Formerly
34-5.171, Amended 2-16-95.
New 11-26-80, Formerly 34-5.171, Amended
2-16-95.
