Florida Regulations 34-17.015: Disqualification of Commission Members
Current as of: 2024 | Check for updates
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(1) Commission members shall be disqualified from sitting as a member of the Commission at either the probable cause hearing or the final public hearing for bias, prejudice, or interest. Disqualification may be raised by a party, by the Advocate, or by any member, but not by the referring agency.
(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.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS. History—New 11-24-13.
Terms Used In Florida Regulations 34-17.015
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS. History—New 11-24-13.