Fla. Admin. Code Ann. R. 73B-21.010 - Briefs and Motions

(1) Any party may file a brief setting forth the party's position and argument in support thereof. The appellant's brief shall be filed with the Commission and served on the appellee within 15 days of the filing of the appeal. An answer brief shall be filed within 15 days after service of the appellant's brief. If the appellant does not file a brief, the appellant waives its right to file a brief; in that event, the appellee may file a brief no later than 30 days after the appeal was filed. Unless otherwise allowed by the Commission, no other briefs may be filed. Briefs not timely filed may not be considered by the Commission.

(2) Any party may file a written motion, stating the grounds on which it is based, the relief sought, and argument in support thereof. Response to a motion shall be filed within 10 days of service.

(3) A request for an extension of time, postponement or continuance must be filed in writing and shall be granted by the Commission upon a showing of good cause.

(4) A motion to extend the time for filing briefs, when filed within the limits prescribed in subsection (1), above, shall toll the time prescribed until the Commission, by written order, grants or denies the request. An order granting the motion shall state the number of days the time limit is extended. An order denying the motion shall state when the time for filing recommences. If the Commission has previously denied a motion to extend the time for filing a brief on the merits because the appeal was untimely filed, and the untimely appeal is later accepted as timely filed, the Commission shall notify all parties by written order that the appeal will proceed to the review process described in Rule 73B-21.008, F.A.C. The order shall state the time for briefing.

(5) Briefs, motions or requests may be transmitted by hand delivery, courier, mail, email or fax to the Office of the Clerk of the Commission and shall be considered filed when received by the Commission. A copy of all briefs, motions, or requests shall be served on the opposing party or parties by hand delivery, courier, or by mail.

Notes

Fla. Admin. Code Ann. R. 73B-21.010

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

New 5-22-80, Formerly 38E-3.04, Amended 8-20-86, Formerly 38E-3.004, 60BB-7.004, 73B-22.004, Amended by Florida Register Volume 50, Number 100, May 21, 2024 effective 6/6/2024.

New 5-22-80, Formerly 38E-3.04, Amended 8-20-86, Formerly 38E-3.004, 60BB-7.004, 73B-22.004.