10759548, 60BB-5.014 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 10759548

Notice of Proposed Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Agency for Workforce Innovation

Chapter:

HEARINGS BEFORE APPEALS REFEREES

Overview

RULE:

60BB-5.014

Scheduling of Hearings (Transferred)

PURPOSE:

Section 443.151(4)(b)5.c., Florida Statutes, as amended by Chapter 2011-235, Laws of Florida, requires hearsay evidence used as the basis for a finding of fact be provided to all parties in advance of the hearing providing party’s a reasonable time to review the proffered evidence. Additionally, the public must be provided the ability to listen in to the appeal hearings and review applicable documents upon request.

SUMMARY:

The rule is amended to require a party wishing to offer hearsay evidence at a hearing pursuant to the provisions of Section 443.151(4)(b)5.c., Florida Statutes, to deliver the evidence to the parties at least 24 hours prior to the scheduled hearing time. The rule amendment provides that when a hearing follows a weekend or holiday the 24 hour period does not include the weekend or holiday. The rule then provides that a party may waive the 24-hour period for review at the hearing and upon waiver the hearing officer may proceed to consider the evidence. The rule is also amended to direct a member of the public who wishes to listen to a telephone hearing to exercise that right by contacting the Office of Appeals in Tallahassee or the appeals office where the case is assigned.

RULEMAKING AUTHORITY:

443.012(11) FS.

LAW:

443.151(4) FS.

PRINT PUBLISH DATE:

12/16/2011 Vol. 37/50

COMMENTS:

From 12/16/2011 To 1/6/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.