Fla. Admin. Code Ann. R. 73B-20.026 - Corrected Decisions

(1) An appeals referee may correct errors in a decision after the decision has been distributed/mailed as follows:

(a) Where the correction is solely of a clerical nature and does not change, and is not reasonably interpreted to change, the substantive outcome of the prior decision, the correction may be made at any time prior to the filing of an appeal of the decision;

(b) Where the correction changes, or is reasonably interpreted to change, the substantive outcome of the prior decision, a corrected decision may be distributed/mailed:

(i) Within 20 days of the distribution/mailing of the decision to be corrected, by the distribution/mailing of a notice of proposed corrected decision, which shall identify the corrections to be made, and provide for the opportunity of any party to request a hearing on the proposed corrections;

(ii) After 20 days of the distribution/mailing of the decision to be corrected, by the filing of an application for revised decision by the Department.

(2) Once distributed/mailed, the corrected decision supersedes the prior decision in the case, and may be appealed to the Commission pursuant to rule 73B-21.003, F.A.C.

(3) If a party files an appeal to the Commission after the appeals referee has given notice of a proposed corrected decision, but prior to the mailing/distributing of the corrected decision, the referee shall retain jurisdiction over proceedings regarding the proposed corrected decision.

(4) If the Office of Appeals or appeals referee concludes that a decision should be corrected after the decision has been appealed to the Commission, the Office of Appeals or referee may request relinquishment to the referee for that purpose. The Commission may also relinquish jurisdiction of the case for a corrected decision on its own motion.

(5) This section does not supersede the provisions regarding dismissal decisions entered pursuant to rules 73B-20.017 and 73B-20.022, F.A.C.

Notes

Fla. Admin. Code Ann. R. 73B-20.026

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(3)(e)1., (4)(a)-(d) FS.

New 5-22-80, Formerly 38E-5.26, Amended 8-20-86, Formerly 38E-5.026, 60BB-5.026, Amended by Florida Register Volume 45, Number 142, July 23, 2019 effective 8/5/2019.

New 5-22-80, Formerly 38E-5.26, Amended 8-20-86, Formerly 38E-5.026, 60BB-5.026, Amended 8-5-19.