Florida Regulations 73B-21.008: Review by the Commission
Current as of: 2024 | Check for updates
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(1) The review conducted by the Commission shall be limited to matters contained within the official record which was before the appeals referee and such new evidence as is accepted by the Commission pursuant to Fl. Admin. Code R. 73B-21.011
(2) The Commission may relinquish jurisdiction and direct the taking of additional evidence by an appeals referee or other hearing officer. The evidence shall be taken as prescribed by rule for the taking of evidence in hearings before referees. Unless otherwise directed, jurisdiction shall revert to the Commission for final disposition.
(3) The Commission shall review the appeals referee’s decision to determine whether the findings are supported by competent substantial evidence in the record and the legal conclusions are in accord with the essential requirements of the law. By written decision, the Commission shall affirm, modify, or reverse the referee’s decision, or shall remand with instructions.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(c), (d) FS. History-New 5-22-80, Formerly 38E-3.02, Amended 8-20-86, Formerly 38E-3.002, 60BB-7.002, 73B-22.002.
Terms Used In Florida Regulations 73B-21.008
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(3) The Commission shall review the appeals referee’s decision to determine whether the findings are supported by competent substantial evidence in the record and the legal conclusions are in accord with the essential requirements of the law. By written decision, the Commission shall affirm, modify, or reverse the referee’s decision, or shall remand with instructions.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(c), (d) FS. History-New 5-22-80, Formerly 38E-3.02, Amended 8-20-86, Formerly 38E-3.002, 60BB-7.002, 73B-22.002.