Fla. Admin. Code Ann. R. 34-9.012 - Disqualification of Commission Members

(1) Commission members shall be disqualified from sitting either as a member of the Commission or as the hearing officer for bias, prejudice, or interest. Disqualification may be raised by the Petitioner, by the Solicitor, or by any member.

(2) Unless good cause is shown, all motions for disqualification shall be filed with the Commission at least 5 days prior to the hearing at which the member is expected to participate. The motion shall be accompanied by an affidavit stating the particular grounds.

(3) Unless denied as untimely, the motion shall be ruled on by the Commission member whose disqualification is sought; the ruling shall be based on the legal sufficiency of the motion and affidavit. If the motion and affidavit are found legally sufficient, the member shall disqualify himself or herself.

Notes

Fla. Admin. Code Ann. R. 34-9.012

Rulemaking Authority 112.322(9) FS. Law Implemented 112.322(2) FS.

New 2-23-77, Formerly 34-9.09, Amended 9-21-77, Formerly 34-9.12, Amended 2-16-95, 7-28-98.

New 2-23-77, Formerly 34-9.09, Amended 9-21-77, Formerly 34-9.12, Amended 2-16-95, 7-28-98.