Florida Regulations 34-9.0121: Ex Parte Communications
Current as of: 2024 | Check for updates
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(1) A commission member shall not initiate nor consider any ex parte communication relative to the merits of a pending complaint proceeding by:
(a) A public employee or official engaged in prosecution or advocacy in connection with the matter;
(b) A party to the proceeding or any person who, directly or indirectly, would have a substantial interest in the proposed action of the Commission, or his or her authorized representative or counsel; or
(c) Any other individual who has personal knowledge of the facts underlying the proceeding, or his or her authorized representative or counsel.
Nothing in this subsection shall apply to advisory staff members who do not testify on behalf of the Commission in the proceeding or shall prohibit Commission members who are contacted by any of the above persons from referring them to Commission staff or the Commission Solicitor.
(2) A commission member who receives such an ex parte communication shall place on the record of the matter all written communications received, all written responses to such communications, and a memorandum stating the substance of all oral communications received and all oral responses made, and shall also advise all parties that such matters have been placed on the record. Any party, including the Solicitor, desiring to rebut the ex parte communication shall be allowed to do so, if a request for the opportunity for rebuttal is made within 10 days after notice of the communication.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented 112.322(2) FS. History-New 2-16-95.
Terms Used In Florida Regulations 34-9.0121
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Testify: Answer questions in court.
(b) A party to the proceeding or any person who, directly or indirectly, would have a substantial interest in the proposed action of the Commission, or his or her authorized representative or counsel; or
(c) Any other individual who has personal knowledge of the facts underlying the proceeding, or his or her authorized representative or counsel.
Nothing in this subsection shall apply to advisory staff members who do not testify on behalf of the Commission in the proceeding or shall prohibit Commission members who are contacted by any of the above persons from referring them to Commission staff or the Commission Solicitor.
(2) A commission member who receives such an ex parte communication shall place on the record of the matter all written communications received, all written responses to such communications, and a memorandum stating the substance of all oral communications received and all oral responses made, and shall also advise all parties that such matters have been placed on the record. Any party, including the Solicitor, desiring to rebut the ex parte communication shall be allowed to do so, if a request for the opportunity for rebuttal is made within 10 days after notice of the communication.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented 112.322(2) FS. History-New 2-16-95.