Florida Regulations 2B-1.004: Hearings Before the Commission
Current as of: 2024 | Check for updates
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(1) The Uniform Rules of Procedure, chapter 28, F.A.C., shall be the procedural rules of the Florida Elections Commission, except as otherwise specifically provided by statute or this rule.
(2) When necessary to secure the just, speedy, and inexpensive determination of a case, the Chairman may appoint one or more Commissioners to conduct a hearing involving disputed issues of material fact, a hearing not involving disputed issues of material fact, or a hearing involving a dispositive motion.
(a) The Commission clerk shall notify the parties of the designation of a Commissioner or Commissioners to preside over the hearing and shall notice the hearing.
(b) The designated Commissioner or Commissioners shall hear the evidence and argument presented by the parties during the hearing.
(c) The designated Commissioner or Commissioners shall file a report with the Commission clerk within 30 days of receiving any post hearing submissions from the parties. The report shall contain a recommended order that includes findings of fact, conclusions of law, a recommended disposition or penalty, if applicable, and any exceptions and responses filed by the parties. The report shall be served upon the parties.
(d) The Commission shall review the report, deliberate and reach a decision in the case at its next regularly scheduled meeting. The designated Commissioner or Commissioners hearing the case shall not participate in the deliberation or vote of the Commission.
(e) The Commission’s counsel shall prepare a final order reflecting the Commission’s decision. The final order shall be signed by the chair or vice chair on behalf of the Commission and the Commission clerk shall enter the order.
(3) A clerical mistake in a final order arising from oversight or omission may be corrected by the Commission at any time on its own initiative or on the motion of any party.
Rulemaking Authority 106.24(5), 106.26 FS. Law Implemented 106.24(5), 106.26 FS. History-New 1-11-99, Amended 1-2-02, 4-24-05, 8-13-14.
Terms Used In Florida Regulations 2B-1.004
- 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.
- Oversight: Committee review of the activities of a Federal agency or program.
- Statute: A law passed by a legislature.
(a) The Commission clerk shall notify the parties of the designation of a Commissioner or Commissioners to preside over the hearing and shall notice the hearing.
(b) The designated Commissioner or Commissioners shall hear the evidence and argument presented by the parties during the hearing.
(c) The designated Commissioner or Commissioners shall file a report with the Commission clerk within 30 days of receiving any post hearing submissions from the parties. The report shall contain a recommended order that includes findings of fact, conclusions of law, a recommended disposition or penalty, if applicable, and any exceptions and responses filed by the parties. The report shall be served upon the parties.
(d) The Commission shall review the report, deliberate and reach a decision in the case at its next regularly scheduled meeting. The designated Commissioner or Commissioners hearing the case shall not participate in the deliberation or vote of the Commission.
(e) The Commission’s counsel shall prepare a final order reflecting the Commission’s decision. The final order shall be signed by the chair or vice chair on behalf of the Commission and the Commission clerk shall enter the order.
(3) A clerical mistake in a final order arising from oversight or omission may be corrected by the Commission at any time on its own initiative or on the motion of any party.
Rulemaking Authority 106.24(5), 106.26 FS. Law Implemented 106.24(5), 106.26 FS. History-New 1-11-99, Amended 1-2-02, 4-24-05, 8-13-14.