Fla. Admin. Code Ann. R. 73B-21.009 - Record on Appeal to the Commission

(1) The contents of the record on appeal before the Commission shall consist of:

(a) The official record that was before the appeals referee, including:

1. All notices, pleadings, motions, intermediate rulings, and evidence received or considered by the appeals referee or other hearing officer, as well as all proffers of proof, objections and rulings thereon;

2. All department memoranda or data submitted to the appeals referee or other hearing officer, provided that such memoranda or data were submitted prior to disposition of the appeal, after notice of the submission to all parties;

3. All matters placed upon the record after an ex parte communication pursuant to Section 120.66(2), F.S.;

4. The audio recording of the proceedings made by or under the supervision of the appeals referee or other hearing officer;

(b) The decision of the appeals referee or special examiner, if any;

(c) The notice of docketing of the appeal of the referee's decision by the Commission, or the order of the Commission removing the proceedings to itself or initiating review upon its own motion;

(d) Evidence accepted by the Commission pursuant to Rule 73B-21.011, F.A.C.

(2) Copies of the Record.

(a) Copies of the record or portions thereof may be obtained by parties or their representatives upon written request.

(b) Parties, other than claimants, shall be required to pay a duplication charge not in excess of actual cost.

Notes

Fla. Admin. Code Ann. R. 73B-21.009

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS.

New 5-22-80, Formerly 38E-3.03, Amended 8-20-86, 1-5-93, Formerly 38E-3.003, 60BB-7.003, Amended 10-4-12, Formerly 73B-22.003, Amended by Florida Register Volume 50, Number 100, May 21, 2024 effective 6/6/2024.

New 5-22-80, Formerly 38E-3.03, Amended 8-20-86, 1-5-93, Formerly 38E-3.003, 60BB-7.003, Amended 10-4-12, Formerly 73B-22.003.